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Agenda 05/11/2010 Item # 9E Agenda Item No. 9E May 11. 2010 Page 1 of 42 EXECUTIVE SUMMARY Recommendation to approve an Employment Agreement appointing Ian Mitchell to serve as the Executive Manager to the Board of County Commissioners and to approve revisions to the County Manager Agency Policies and Procedures (CMA) number 5350 and 5351 relating to the Executive Manager and Executive Aides' employment. OBJECTIVE: To obtain Board approval of an employment agreement between Ian Mitchell to serve as the Executive Manager to the Board of County Commissioners and to approve revisions to the County Manager Agency Policies and Procedures (CMA) number 5350 and 5351 relating to the Executive Manager and Executivc Aides' employment. CONSIDERATIONS: On May 23,2010, the contract of the current Executive Manager to the Board of County Commissioners will naturally terminate. The terms of employment for the current Board of County Commissioners' Office Supervisor, Ian Mitchell, were such that with the Board's approval of his performance he would assume the position as Executive Manager to the Board of County Commissioners. The attached Agreement presented for the Board's approval would commence on May 24, 20] O. The attached Executive Manager Employment Agreement has an annual salary of $ 64,444.00, which is lower than the prior Executive Manager's salary. The Agreement is substantially the same as the incumbent Executive Managcr's agreement but for a few exceptions. A copy of the Agreement with underscoring and striketlLolfgh is attached so that the Board can note those changes when it deliberates approval. Also attached is a "clean" version of the Agreement that includes all changes proposed for execution. One new provision in the Employment Agreement that merits specific mention is a requirement that the Executive Manager work with the County Attorney's Office to bring back a Confidentiality Agreement for Board Approval that would prevent the divulgence, disclosure and release of confidential and/or sensitive infol1nation acquired during the course of the Executive Manager's and Executive Aides' cmployment, the disclosure of which is not otherwise authorized or compelled by law. As referenced in the Employment Agreement, it is the Executive Manager's responsibility to supervise the Executive Aides that work for the Commissioners. On July 22, 2008, the Board approved a disciplinary appeal policy that allowed the Executive Aides to appeal disciplinary actions recommended by the Executive Manager. The Executive Aides serve a vital function as confidants to the Commissioners and direct servants to the public. Because of the unique nature of their role, upon further reflection, it would better promote the functioning of the office to treat the Executive Aides as "at will" employees without disciplinary rights; much Iikc other high level county employees including Division Administrators, Departmcnt Directors, and Fire/EMS Chiefs. The Executive Aides generally serve a single Commissioner and the flexibility of treating the Aides as "at will" employees is consistent with the hiring and separation practices of Agenda Item No. 9E May11.2010 Page 2 of 42 other State and Federal political representatives housed at the Collier County govemment complex, whose employees may be separated if a new representative is elected. Also at that July 22, 2008, Commission meeting, the Board approved a Commitment to Fair Treatment Policy for the Executive Aides. That policy gave the Aides the ability to request that the Human Resources Director review decisions made by the Executive Manager if they believed any of the CMAs had been improperly or inequitably applied. Attached is a proposed revision to CMA # 5351 (Discipline) that excludes the Executive Aides and contract employees (more a matter of clarification because the terms of all contract employees control discipline and separation) from appealing disciplinary recommendations. Also attached is a proposed revision to CMA # 5350 (Commitment to Fair Treatment) that maintains the current Board approved policy but integrates the procedure pertaining to the Executive Aides into the CMA rather than creating a separate "stand-alone" CMA that applies to the Aides. Because all of the other CMAs apply to the Executive Aides, it is prudent from an administrative sense to include the variations into the countywide CMAs so that if a new employee is hired as an Executive Aide the employee c,m look to a single integrated policy for any human resources questions. Along with the Employment Agreement, it is recommended that the Board approve the proposed revision to CMA #s 5350 and 535 I. FISCAL IMPACT: Funds are appropriated in the Office of Board of County Commissioner's personal services budget. LEGAL CONSIDERATIONS: This item has been reviewed and approved by the County Attorney's Office and is legally sufficient for Board action-SRT. GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact associated with this item. RECOMMENDATION: That the Board of County Commissioners approve and authorize the Chainnan to sign the Executive Manager's Employment Agreement with Ian Mitchell and approve the proposed revisions to CMA #s 5350 and 535 I. Submitted by: Fred W. Coyle, Chairman, Board of County Commissioners 2 Item Number: Item Summary: Meeting Date: Agenda Item No. 9E May 11. 2010 Page 3 of 42 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 9E Recommendation to approve an Employment Agreement appointing Ian Mitchell to serve as the Executive Manager to the Board of County Commissioners and to approve revisions to the County Manager Agency Policies and Procedures (CMA) number 5350 and 5351 relating to the Executive Manager and Executive Aides employment and authorize the Chaiman to execute the Agreement and approve the CMA changes. 5/11/20109:00:00 AM Date Prepared By Ian Mitchell BCC Supervisor - Bee Office Operations BCC Date Approved By Scott R. Teach County Attorney Deputy County Attorney County Attorney 5/4/20104:00 PM Date Approved By Amy Lyberg Administrative Services Division Director. Human Resources Human Resources 5/4/20104:32 PM Date Approved By Jeff Klatzkow County Attorney 5/4/20104:57 PM Date Approved By Leo E. Ochs, Jr. County Managers Office County Manager County Managers Office 5/5/20108:44 AM Agenda Item No. 9E May 11, 2010 Page 4 of 42 Class Code: 90014 Pay Grade: 23 COLLIER COUNTY, FLORIDA CLASSIFICA nON SPECIFICA nON CLASSIFICATION TITLE: EXECUTIVE MANAGER TO THE BCC PURPOSE OF CLASSIFICA TION The purpose of this classification is to provide administrative assistance support to the Board of County Commissioners (BOeC). Wark 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 aU 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 \vith 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 infornlation pertaining to BOeC 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 arrangement<.; for meetings (Le. conference rooms, catering, etc.) Supervises subordinate clerical staff. Supervises, direct.... 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. @ DMG-MAXL\1US, INC. Page 1 Last Revised: July, 2001 Collier County, Florida' Executive Manager to the BCC Agenda Ilem No. 9E May 11, 2010 Page 5 of 42 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 UtiIization: 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. Machinerv. 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 Reasonine:: 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 Reasonine:: 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: @ DMG-MAXIMUS, INe. Page 2 Last Revised: July, 2001 Collier Countv, Florida. Executive Manager to the BCC Agenda Item No. 9E May 11, 2010 Page 6 of 42 90014 ADA COMPLIANCE Phvsical Ahilitv: Tasks require the ability to exert light physical effort in sedental)' to light work, but which may involve some lifting, canying, 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 Reauirements: 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 petfonned 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 cunent emplo.vees to discuss potential accommodations -..vith the emplc~ver. @ DMG-MAXlMUS, INC. Page 3 Last Revised: July, 2001 Agenda Item No. 9E May 11, 2010 Page 7 of 42 Class Code: 10013 Pay Grade: 18 COLLIER COUNTY, FLORIDA CLASSIFICA nON SPECIFICA nON CLASSIFICATION TITLE: EXECUTIVE AIDE TO THE BCC PURPOSE OF CLASSIFICATION The purpose of this classification is to provide professional administrative, managerial and analytical support to the Board of County Commissioners. 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. Provides written/verbal reports to Commissioners regarding significant issues and requests from the citizens of Collier County; reviews reports and correspondence submitted to the Board of County Commissioners and determines/initiates appropriate action/response; present" possible solutions to challenges/problems. Responds to queries from citizens in a professional, timely manner. Promotes Collier County Government to individuals/organizations by demonstrating a positive attitude and high level of customer service. Monitors, coordinates, or conducts various projects as assigned; discusses projects with parties involved; gathers proposals and provides recommendations; tracks status and costs of projects. Compiles or monitors administrative and/or statistical data pertaining to County operations, projects, and programs; analyzes data and identifies trends; summarizes data and prepares reports. Assists with development and administration of departmental budget; monitors expenditures to ensure compliance with approved budget Prepares or completes various forms, reports, correspondence, presentation materials, spreadsheets, newsletters, or other documents. Receives various forms, reports, correspondence, operational reports, statistical data, proposals, laws, statutes, codes, ordinances, policies procedures, manuals, reference materials, or other documentation; reviews, completes, processes, forwards or retains as appropriate. Operates a personal computer, general office equipment, or other equipment as necessary to complete essential functions, to include the use of word processing, spreadsheet, database, presentation, desktop publishing, e-mail, Internet, or other computer programs. Communicates with County officials, other departments, employees, government agencies, local businesses, community organizations, the public, outside agencies, and other individuals as needed to coordinate work activities, review status of work, exchange information, resolve problems, or give/receive advice/direction. @ DMG-MAXIMUS, INC. Page 1 Last Revised: April, 2004 Collier, County, Florida. Executive Aide to the BCC Agenda Item No. 9E May 11 , 2010 Page 8 of 42 10013 Attends meetings, serves on committees, and makes presentations as needed. Maintains a comprehensive, current knowledge of applicable lawslregulations; maintains an awareness of new trends and advances in the profession; reads professional literature; attends workshops and training sessions as appropriate. ADDITIONAL FUNCTIONS Performs general/clerical tasks, which may include answering telephone calls, greeting visitors, making copies, sending/receiving faxes, filing documentation, or processing incoming/outgoing mail. Provides assistance to other employees or departments as needed. 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 High school diploma or GED, supplemented by additional secretarial and business coursework; and five years of progressively responsible experience performing executive secretarial work; 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 coordinating activities of a project, program, or designated area of responsibility. Eauipment. Machinerv. 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 \vide variety of reference, descriptive, advisory and/or design data and information. Mathematical Aptitude: Requires the ability to pelfornl 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 Reasonim!: Requires the ability to apply principles or 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. @DMG-MAXIMUS, INC. Page 2 Last Revised: April, 2004 Collier, County, Florida. Executive Aide to the BCC Agenda Item No. 9E May11,2010 Page 9 of 42 10013 Situational Reasoninl!: 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. Leadershio: Customer Service: Financial Accountabilitv: ADA COMPLIANCE Phvsical Abilitv: 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 work station. Sensory Reauirements: Some tasks require the ability to perceive and discriminate 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 Ac~ the County will provide reasonable accommodations to qualified individuals with disabilities and encourages both prospective and current employees to discuss potential accommodation." with the employer. @ DMG-MAXIMUS, 1Ne. Page 3 Last Revised: April, 2004 Agenda Item No. 9E May 11, 2010 Page 10 of 42 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 etlicient 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 emplovees, 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 emplovees and Executive Aides to the Board of Countv Commissioners, who are confidential emplovees working directlv for the Commissioners. are stated in CMA 5351, Discipline, under ~ 5351-20, 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. 1 1 Because the Executive Aides to the Board of County Commissioners onlv report 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 anpeal of that response directlv to the Human Resources Director consistent with the articulated procedures provided in Level Three appeals. Agenda Item No. 9E May 11, 2010 Page 11 of 42 (1) Level One: The employee should reduce hislher concerns to writing for presentation to hislher 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 hislher 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 hislher 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 ofreceipt ofthe 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 hislher 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 hislher concerns with the County Manager or hislher designee, if desired. The County Manager, or hislher 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 hislher 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 emplovees are not eligible to use this procedure. Agenda Item No. 9E May 11, 2010 Page 12 of 42 ( 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 othcr 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 (I) The time limits as set forth in this procedure for the processing of complaints and responses by management shall remain the sanle for employees regardless of work schedules. For the purpose of this commitment to fair treatment procedure, the working day shall be defined as rcgular 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 Trcatment 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 etIicient manner. (i) This procedurc 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 9 5351-2D, Suspension, Discharge and Disciplinary Demotion Appeal Procedures, under CMA 5351, Discipline Ii 5350-4. Currency. The Human Resources Department is responsible for maintaining the currency of this Instruction. Agenda Item No. 9E May 11, 2010 Page 13 of 42 ~ 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 Hwnan 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. CMA 5351 Agenda Item No. 9E May 11, 2010 Page 14 of 42 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)] ~ 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 emplovees and the Executive Aides to the Board of Count v Commissioners, who are confidential emplovees working direct Iv 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, scrve at the will of the County and may be suspended, discharged or demotcd 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 ~ 532 I, Probationary Period, for further definition of the probationary period. A. Definitions: (I) 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 applicablc; the expectations for the employee to improve hislher behavior through measurable improvements or goals; and the positive or negative consequences of not meeting the improvements or goals that have been Page 1 of 1 CMA 5351 Agenda Item No, 9E May 11, 2010 Page 15 of 42 outlined. The BAP will be prepared by the employee's SupervisorlManager/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 hislher 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 doclllllent the details of a verbal counseling session between an employee and hislher 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 hislher 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 are warranted, the Supervisory Log/Record of Conversation may be included as supporting doclllllentation with a BAP. B. Factors In Discipline: Although internal consistency in administering discipline is desirable, nlllllerous factors should be considered in determining the appropriate level of discipline to be administered. These factors include, but are not limited to: (I) 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 hislher behavior, in certain circlllllstances, progressive discipline may not be applicable. Behavior Action Plan (BAP): Each disciplinary action, other than verbal Pagc2of2 CMA 5351 Agenda Item No. 9E May 11, 2010 Page 16 of 42 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: (I ) Verbal counseling session: A verbal counseling session takes place between an employee and hislher 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. (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 hislher 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 Page 3 of3 CMA 5351 Agenda Item No. 9E May 11, 2010 Page 17 of 42 Department, but should be retained by the Supervisor. The Supervisory Log FonnlRecord 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 mayor 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 hislher immediate supervisor, with the prior approval of the Department Director or hislher 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 I or for other unacceptable conduct. (b) Under extreme or exigent circumstances, the immediate supervisor may 1. Editor's Note: See CMA 53] I, Code of Ethics, and CMA 5311.1, Standards of Conduct. Page 4 of 4 CMA 5351 Agenda Item No. 9E May 11, 2010 Page 18 of 42 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 mayor 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. Thc 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) Employces may be recommended for termination of employment or demotion for misconduct, unacceptable job perfonnance, 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 paJi-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 5 CMA 5351 Agenda Item No. 9E May 11, 2010 Page 19 of 42 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 supervisorlDepartment 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 mayor 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 ~ 535l-2D(2) and (3) below. (f) Any employee recommended for discharge or demotion shall be given notice of hislher 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 Behavior Action Plan is included at the end of this CMA. Page 6 of6 CMA 5351 Agenda Item No. 9E May 11, 2010 Page 20 of 42 suspensions, terminations and disciplinary demotions as outlined below. Employees will, however, be permitted to submit statements outlining the reason(s), if any, for 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 hislher 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 hislher 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 hislher 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 determined. 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 hislher designee, shall render a final decision in writing within 10 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. I f 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 bc placed in the employee's personnel file. (2) Appeal of Recommendation f()r Tern)ination 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 Page 7 of7 CMA 5351 Agenda Item No. 9E May 11, 2010 Page 21 of 42 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 hislher 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 hislher 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 hislher 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 hislher 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 hislher Page 8 of8 CMA 5351 Agenda Item No. 9E May 11, 2010 Page 22 of 42 designee, with assistance and representation from the Office of the County Attorney and the Human Resources Director or hislher 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 hislher 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 hislher decision within 10 working days of the hearing. The County Manager or hislher 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 hislher 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 membcr of the Florida Bar Association, or an arbitrator listed with either the American A.rbitration Association or the Federal Mediation and Conciliation Servicc. All expenses of the Hearing Offieer 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 hislher 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 9of9 CMA 5351 Agenda Item No. 9E May 11, 2010 Page 23 of 42 (I) 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 anive 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 busincss hours Monday through Friday. An employee who seeks an extension 0 f 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 100f1O CMA 5351 Agenda Item No. 9E May 11. 2010 Page 24 of 42 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 11 of 1 ] Agenda Item No. 9E May11,2010 Page 25 of 42 EXECUTIVE MANAGER TO THE BOARD OF COUNTY COMMISSIONERS EMPLOYMENT AGREEMENT THIS EMPLOYMENT AGREEMENT (hereinafter referred to as "Agreement") is made and entered into this_day of 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 (I) 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 I. 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 Agenda Item No. 9E May 11. 2010 Page 26 ot 42 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 I above, EMPLOYEE shall have sole responsibility for the employment and management of the administrative staff, i.e., Commissioner Aides and Receptionist. The job descriptions of the Administrative stafT are attached as Exhibit 2. Administrative staff shall have the same benefits including without limitation. 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. 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 confonnity 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 stafT member may be assigned. Any conflict between a Commissioner and EMPLOYEE regarding the cvaluation of an administrative staff member shall be resolved by the full Board of County Commissioners. Section 3. Term of Emolovment: A. EMPLOYEE agrees to remain in the exclusive employ of COUNTY for a period of four (4) years and to neither accept other employmcnt 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. 2 Agenda Item No. 9E May 11. 2010 Page 27 of 42 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; 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. Salarv: 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: I) EMPLOYEE is convicted of any felony or any crime involving moral turpitude or dishonesty. 3 Agenda Item No. 9E May 11, 2010 Page 28 of 42 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: I) 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 rcsolution 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 rcsolution 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 aftcr 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 tennination. Section 7. Resilwation: 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 8. Disabilitv: If EMPLOYEE is pennanently 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 4 Agenda Item No. 9E May 11, 2010 Page 29 of 42 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 I, 2010, and prior to each October I" 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 I, 20 I 0 and each October I" 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 I" of each fiscal year for implementation in the next fiscal year. 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. 5 Agenda Item No. 9E May 11, 2010 Page 30 of 42 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 empioyees 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 perfonned 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: 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 BanIe 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, 1he 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) 6 Agenda Item No. 9E May 11, 2010 Page 31 of 42 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 SubscriDtions: 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 DeveloDment: 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. Bondin!!: 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 EmDlovment: A. COUNTY shall provide EMPLOYEE at COUNTY expense a cell phone and any necessary cellular service for use in canying 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 time 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: 7 Agenda Item No. 9E May 11, 2010 Page 32 of 42 (I) COUNTY: Board of County Commissioners Collier County Govemment Center 3301 East Tamiami Trail Naples, Florida 341 12 (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. 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. ATTEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA By: DEPUTY CLERK By: FRED W. COYLE, CHAIRMAN 8 WITNESSES: Approved as to form and legal sufficiency: Jeffrey A. Klatzkow, County Attorney EMPLOYEE: Agenda Item No. 9E May 11, 2010 Page 33 of 42 IAN MITCHELL 9 Agenda Item No. 9E May 11, 2010 Page 34 of 42 EXECUTIVE MANAGER TO THE BOARD OF COUNTY COMMISSIONERS EMPLOYMENT AGREEMENT THIS EMPLOYMENT AGREEMENT (hereinafter referred to as "Agreement") is made and entered into this_day of 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 (I) 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 reccipt 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 solc 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 I. 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 Agenda Item No. 9E May 11. 2010 Page 35 of 42 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 I above, EMPLOYEE shall have sole responsibility for the employment and management of the administrative staff, i.e., Commissioner Aides and Receptionist. The job descriptions of the Administrative staff are attached as Exhibit 2. Administrative staff shall have the same benefits including without limitation, 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). e)[6!!j3t CMf. 5351 @fltitled Disei13liae alia CMf. 5350 eatitled Cemmitmeat te Fair Treatment. EMPLOYEE shall ',york with the Office of the COllet)' .^.ttomey to ae\'elojl a Disei13line 13olie)' ',':hieh shall Be srellgflt Baelc to the Board fer llp13re'ial. 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 Attornev to develop a Confidentialitv Agreement. subiect 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' emplovment with the Board not otherwise authorized or compelled bv law. EMPLOYEE acknowledges and agrees that Commissioner Aides may freely meet with the Commissioners to whom they are assigned to discuss issues or cany out assignments without the permission ef but with the knowledge of EMPLOYEE unless designated confidential bv 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 Emplovment: 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 through May ,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. 2 Agenda Item No. 9E May 11. 2010 Page 36 of 42 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 majority of the Board and EMPLOYEE agree, or; B. After a public hearing, a 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 Employmcnt Agrecment. Section 5. Salarv: A. COUNTY agrees to pay EMPLOYEE for his services rendered pursuant hereto an annual base salary of$64.444.00 67,075.00 payable in biweekly installments. B. COUNTY and EMPLOYEE agree that the a!i:aOOe4 Action Plan (ExhiBit 3), criteria in Section 9, and the attached Job Description shall be used to evaluate the EMPLOYEE's performance. Such annual perfonnance based merit adjustment shall not exceed a maximum often percent (10%) of the EMPLOYEE's annual base salary. The minimum increase for satisfactory performance under such pcrfonnancc 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 mel;t adjustments shall bc 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 grantcd 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 anv obligation to pav the severance pav designated in this Section, as follows: 3 Agenda Item No. 9E May 11, 2010 Page 37 of 42 I) In tRe event tRat EMPLOYEE is convicted of any felony or ef any crime involving moral turpitude or dishonestv., COUNTY may terminate EMPLOYEE witRout notice and WitllOlit aRY esligatioE to pay the severaaee pay designated in tRis Section. 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.Ari- 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: a) A resolution of intent to terminate EMPLOYEE shall be adopted by an affirmative vote of 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. b) 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 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. BQ. In the event of termination in accordance with the procedures set forth in Subsection 6.~A4, 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. Resi!wation: 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. 4 Agenda Item No. 9E May11,2010 Page 38 of 42 Section 8. Disabilitv: 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 6QR 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 I, 2010, and prior to each October I" 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 I, 20 I 0 and each October I" 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 1'" of each fiscal year for implementation in the next fiscal year. 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 stafT, constitutional ofIicers and co-workers by portraying a positive demeanor and engaging in activities that instill confidence and respect for the BCC and BeC ofIice. (e) Whether EMPLOYEE's behavior towards co-workers demonstrates positive support and respect. (I) Whether EMPLOYEE atlellds at least two pre ilJ'lprovea g8vernmellt related confcreRces aIlRuall:,', at lea.;t ORe ofwaich ,-,:ill relate to maRagemeRt skills, ana share cORferelwe Rotes arld illformatioR v:ith admiRistrativc staff and Commissioners (g1) Whether EMPLOYEE provides encouragement, guidance and direction to administrative staff with regard to development and improvement. (ltg) Whether EMPLOYEE coaches, counsels and helps administrative stafT to improve office interaction. efficiency and to overcome job pmblems aRd develop career plans. (th) Whether EMPLOYEE maintains the confidence and trust of the Commission by not divulging information or discussing information with inappropriate parties. (tV Whether EMPLOYEE participates in emergency events and meetings, tilling whatever role deemed necessary in an emergency situation. 5 Agenda Item No. 9E May 11, 2010 Page 39 of 42 (l~j) Whether EMPLOYEE enables administrative staff to achieve potential career progression by encouraging and allowing attendance a1 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 as ~' be made available frem time to time BY the Ceunty ana ceFweming which EMPLOYEE shall assume full responsibility for such performance. ; pr-evided, however that NROthing 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: 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. EMPLOYEE's sick leii'/e days accrued prior to Being capped on hlgHDt 2, 1998 shall be paid oHl to EMPLOYEE pllFsllant to the Cellnt:,' policy in effect en /.HplSt 2, 1998, aD follo.....s: EMPLOYEE's sick lea.. e payeut for sick leaye days aecrued prier to AHgllst 2, 1998, sIlall be calcHlated in aceerdanee with the COUNTY's policy for such payoHls. EMPLOYEE shall be paid these monies within fomteen (11) days after execution ef this f.greement, preyided that to the 6 Agenda Item No. 9E May 11, 2010 Page 40 of 42 mlb'dmurn exteffi allowee BY law, these maRies shall first Be paie to EMPLOYEE's aeferrea eompeRsatioR (i.e., 457 aces_t) with any rsmaiaeer to Be paid jaot as other '."ages Ie EMPLOYEE ----E. EMPLOYEE's siek leave aays aeenlea BstY'eeR !."glISt 2, ICJ9!3 ana tae effeeti','e aate of this !.greemeat saall eORtiRae to ellist, be eredited, aFId aamiRisleree by the Calffity pelky in sffeet mffiseqaeRt to ,\ag11st, 1996. . 12... 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.G. 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, grow1h, and advancement, and for the good of the COUNTY. Section 14. Professional Development: 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. Bondin\!: COUNTY shall bear the full cost of any fidelity or other bonds required of the EMPLOYEE under any law or ordinance. 7 Agenda Item No. 9E May 11, 2010 Page 41 of 42 Section 16. Other Terms and Conditions of Emplovment: 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 time 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: (I) 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 mav not be amended absent the mutual a!!reement 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. 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. 8 Agenda Item No. 9E May 11, 2010 Page 42 of 42 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. ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA By: FRED W. COYLE, CHAIRMAN DEPUTY CLERK WITNESSES: EMPLOYEE: IAN MITCHELL Approved as to form and legal sufficiency: Jeffrey A. Klatzkow, County Attorney 9