Backup Documents 10/09/2012 Item #12AORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 12A
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
Print on pink paper. Attach to original document. Original documents should be hand delivered to the Board Office. The completed routing slip and original
documents are to be forwarded to the Board Office only after the Board has taken action on the item.)
ROUTING SLIP
Complete routing lines #I through #4 as appropriate for additional signatures, dates, and/or information needed.. If the document is already complete with the
exception of the Chairman's signature. draw a line through routin¢ Imec fi 1 thro!i #A Pmmnlnfw thn rhn W iet o A f r.r to ion 1L1:tn1. 11 /1:... ac\
Route to Addressee(s)
(List in routing order
Office
Initials
Date
1.
appropriate.
Initial
2.
10/9/12
Agenda Item Number
12 -A
3.
signed by the Chairman, with the exception of most letters, must be reviewed and signed
4. Jeffrey A. Klatzkow, County Attorney
County Attorney
JAK
10/9/12
5. Ian Mitchell, Executive Manager BCC
Board of County Commissioners
Documents Attached
1 °%i 0 12
6. Minutes and Records
Clerk of Court's Office
PRIMARY CONTACT INFORMATION
(The primary contact is the holder of the original document pending BCC approval. Normally the primary contact is the person who created/prepared the executive
summary. Primary contact information is needed in the event one of the addressees above, including Ian Mitchell needs to contact staff for additional or missing
information. All original documents needing the BCC Chairman's signature are to be delivered to the BCC office only after the BCC has acted to approve the
item.)
Name of Primary Staff
Jeffrey A. Klatzkow, County Attorney
Phone Number
252 -8400
Contact
appropriate.
Initial
Agenda Date Item was
10/9/12
Agenda Item Number
12 -A
Approved by the BCC
signed by the Chairman, with the exception of most letters, must be reviewed and signed
Type of Document
Resolution of Intent to Termin ate
Number of Original
One
Attached I
Executive Manager A R
Documents Attached
INSTRUCTIONS & CHECKLIST
I: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip W WS Original 9.03.04, Revised 1.26.05 Revised 2.24.05
08- MGR -00132/33 ,T ,
Initial the Yes column or mark "N /A" in the Not Applicable column, whichever is
Yes
N/A (Not
appropriate.
Initial
1.
Original document has been signed/initialed for legal sufficiency. (All documents to be
JAK
-Applicable)
signed by the Chairman, with the exception of most letters, must be reviewed and signed
by the Office of the County Attorney. This includes signature pages from ordinances,
resolutions, etc. signed by the County Attorney's Office and signature pages from
contracts, agreements, etc. that have been fully executed by all parties except the BCC
Chairman and Clerk to the Board and possibly State Officials.)
2.
All handwritten strike - through and revisions have been initialed by the County Attorney's
JAK
Office and all other parties except the BCC Chairman and the Clerk to the Board
3.
The Chairman's signature line date has been entered as the date of BCC approval of the
JAK
document or the final negotiated contract date whichever is applicable.
4.-
"Sign here" tabs are placed on the appropriate pages indicating where the Chairman's
JAK
signature and initials are required.
5.
In most cases (some contracts are an exception), the original document and this routing slip
JAK
should be provided to Ian Mitchell in the BCC office within 24 hours of BCC approval.
Some documents are time sensitive and require forwarding to Tallahassee within a certain
time frame or the BCC's actions are nullified. Be aware of your deadlines!
6.
The document was approved by the BCC on 10/9/12 and all changes made during the
JAK
meeting have been incorporated in the attached document. The County Attorney's
I
W
Office has reviewed the changes, if applicable.
I: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip W WS Original 9.03.04, Revised 1.26.05 Revised 2.24.05
08- MGR -00132/33 ,T ,
12A
MEMORANDUM
Date: October 10, 2012
To: Jeff Klatzkow, County Attorney
County Attorney's Office
From: Ann Jennejohn, Deputy Clerk
Board Minutes & Records Department
Re: Resolution 2012 -188: Setting forth intent to terminate the
Employment Agreement with the Executive Manager to the
Board of County Commissioners
Attached for your records is a copy of the document referenced above, (Item #12A),
adopted by the Board of County Commissioners on Tuesday, October 9, 2012.
The original will be held in the Minutes and Records Department for the Board's
Official Record.
If you have any questions, please contact me at 252 -8406.
Thank you.
Attachment
12A i
RESOLUTION NO. 2012 - 1 R R
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA, SETTING FORTH ITS INTENT TO
TERMINATE THE EMPLOYMENT AGREEMENT WITH THE
EXECUTIVE MANAGER TO THE BOARD OF COUNTY
COMMISSIONERS.
WHEREAS, on May 25, 2010, the Board of County Commissioners (Board) entered into
an Executive Manager to the Board of County Commissioners Employment Agreement with Ian
Mitchell, a copy of which is attached hereto; and
WHEREAS, Section 6 of the Employment Agreement entitled "Termination and
Severance Pay" requires the following two -part process in order for the Board to terminate the
Employment Agreement:
"... in the event the COUNTY desires to terminate EMPLOYEE during such
time that EMPLOYEE is willing and able to perform the duties of Executive
Manager to the Board of County Commissioners, COUNTY may do so only in
the following mariner:
1. A resolution of intent to terminate EMPLOYEE shall be adopted
by an affirmative vote of a three fifths majority of the entire membership
of the Board only after said resolution has been placed on the agenda of a
regularly scheduled Board meeting and where said agenda item has been
included as a part of the published agenda of the Board meeting.
2. Upon adoption of a resolution of intent to terminate EMPLOYEE,
the Board may consider the adoption of a resolution terminating
EMPLOYEE at a regularly scheduled meeting of the Board not less than
fourteen (14) days thereafter. The resolution terminating EMPLOYEE
shall require an affirmative vote of a three fifths majority of the entire
membership of the Board for adoption. In the event of termination, such
termination shall be effective at such time and upon such conditions as
may be set by the Board in the resolution terminating EMPLOYEE;" and
WHEREAS, although Mr. Mitchell has indicated that he remains willing and able to
perform the duties of Executive Manager to the Board of County Commissioners, it is the feeling
12A
of the Board that it no longer wishes to employ the services of Mr. Mitchell, and accordingly, the
Board hereby states its intent to terminate the Employment Agreement with its Executive
Manager.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that notice is hereby given of its
intent to terminate the Executive Manager to the Board of County Commissioners Employment
Agreement with Ian Mitchell. The County Attorney is hereby directed to prepare and bring to the
Board at its next regular meeting a resolution terminating Mr. Mitchell.
THIS RESOLUTION ADOPTED after motion, second and majority vote favoring
same, this 9h day of October, 2012.
ATTEST:
DWIGHT.E`BROCK, CLERK
t�
r J
i6 4
ty_Clerk,
� 1"540
2
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
B ~ i
Y� j,
FRED W. COYLE, CHAIRMhN
"I
i
2A
16H3
EXECUTIVE MANAGER TO THE BOARD OF COUNTY COMMISSIONERS
EMPLOYMENT AGREEMENT
THIS EMPLOYMENT AGREEMENT (hereinafter referred to as "Agreement") is made
and entered into this 251_day of May by and between COLLIER COUNTY, a political
subdivision of the State of Florida, by and through its Board of County Commissioners (hereinafter
referred to as "COUNTY ") and IAN MITCHELL (hereinafter referred to as "EMPLOYEE "), both
of whom understand as follows:
WITNESSETH:
WHEREAS, from 2009 to 2010 EMPLOYEE has served Collier County in his capacity as
office supervisor for the Board of County Commissioners (sometimes referred to herein as the
"Board" or the "BCC ") and has demonstrated the professional and administrative competence
desired by the COUNTY; and
WHEREAS, the COUNTY desires to employ the services of EMPLOYEE as the Executive
Manager to the Board of County Commissioners; and
WHEREAS, EMPLOYEE desires to be employed as the Executive Manager to the Board of
County Commissioners; and
WHEREAS, it is the desire of the COUNTY (1) to secure and retain the services of
EMPLOYEE and to provide inducement for him to remain in such employment; (2) to make
possible full work productivity by assuring EMPLOYEE's morale and peace of mind with respect to
employment security; and (3) to provide a specific term for the employment with a just means for
terminating EMPLOYEE's services.
NOW THEREFORE, in consideration of the mutual covenants hereinafter set forth and for
other such good and valuable consideration, the receipt of which the parties hereto expressly
acknowledge, the parties covenant and agree to the following terms and conditions:
Section 1. Duties:
EMPLOYEE is hereby employed as, and shall have the authority, duties and responsibilities
of, Executive Manager to the Board of County Commissioners' office. EMPLOYEE shall act as
office manager to the Board of County Commissioners (Board). EMPLOYEE shall report directly
to the Board and shall have sole responsibility for the employment and management of the
administrative staff and operation of the Board of County Commissioners' Office. EMPLOYEE's
general job description is attached as Exhibit 1.
In addition, EMPLOYEE is considered essential personnel and is required to be on site and
participatory during an emergency event or meeting. EMPLOYEE shall also develop written
policies for the day to day business of the office and such policies shall be approved by the Board.
EMPLOYEE is responsible for training new administrative staff and ensuring that duties are equally
distributed. EMPLOYEE shall either redistribute the responsibilities and workload of a
T7
16H3
Commissioner's Aide if the Aide is ill or on an excused absence and no temporary replacement is
available or EMPLOYEE shall assume the absent Aide's responsibilities.
Section 2. Administrative Staff:
As stated in Section 1 above, EMPLOYEE shall have direct responsibility for the
employment and management of the administrative staff, i.e., Commissioner Aides and
Receptionist, in consultation with the Board of County Commissioners, as follows:
A. The recruitment of an aide for each Commissioner will be achieved with full
consultation of the specific Commissioner for whom the aide is to work. The
recruitment procedure will follow the established policies of the County's
Human Resources Department and the assigned Human Resources Generalist
will assist with the recruitment. Upon achieving a short list of candidates, the
specific Commissioner will meet with each of the candidates and then
communicate his or her observations and hiring recommendation to the
Employee so that an offer of employment can be made. The recruitment of a
general office position (e.g., a Receptionist) will follow the same procedure
except that the participation and communication of each Commissioner will be
had prior the Employee extending an offer of employment.
B. The Employee will implement discipline within the office in accordance with
CMA # 5351. When appropriate, after full communication and concurrence with
the specific Commissioner for an individual Aide, the standard disciplinary
procedures involving memorandums of concern, supervisory logs, written
counseling and behavior action plans for suspension, demotion, and termination
will be implemented. The Employee will confer with all the Commissioners, if
any disciplinary action will impact another Commissioner's ability to perform his
or her duties. Should there be any disagreement on a particular course of
disciplinary action that cannot be resolved, the matter will be brought before the
Board of County Commissioners for a recommended course of action. Verbal
counseling by the Employee will not require prior discussion with a specific
Commissioner but that Commissioner will be apprised of any such action taken.
The job descriptions of the Administrative staff are attached as Exhibit 2. Administrative
staff shall have the same benefits including without 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 Administrate, 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.
16H3
EMPLOYEE acknowledges and agrees that Commissioner Aides may freely meet with the
Commissioners to whom they are assigned to discuss issues or cant' out assignments without the
permission but with the knowledge of EMPLOYEE unless designated confidential by the
Commissioner. Administrative staff shall be evaluated for purposes of performance appraisals and
merit pay consideration by the EMPLOYEE in conformity with criteria and procedures as set forth
in the Policies and Procedures of the County Manager agency after consultation with any
Commissioner(s) to whom any particular staff member may be assigned. Any conflict between a
Commissioner and EMPLOYEE regarding the evaluation of an administrative staff member shall
be resolved by the full Board of County Commissioners.
Section 3. Term of Employment:
A. EMPLOYEE agrees to remain in the exclusive employ of COUNTY for a period of
four (4) years and to neither accept other employment nor to become employed by any other
employer until termination of employment pursuant to this Agreement. The term of this Agreement
runs from May 27, 2010 through May 26, 2014.
B. Nearing the conclusion of the employment period stated herein and any applicable
extensions, this Employment Agreement may be re- negotiated by the COUNTY. The EMPLOYEE
shall be given one hundred eighty (180) days notice of Board's intent to re- negotiate the Agreement
or to allow the Agreement to expire without re- negotiation. In the event the Board does not give
notice to re- negotiate the Agreement shall expire and no salary, deferred compensation severance
payment or insurance benefits shall be provided EMPLOYEE or his dependents upon the expiration
of the Agreement. Elements of this Agreement may be changed at any time when mutually agreed
upon by the COUNTY and the EMPLOYEE.
C. Nothing in this Agreement shall prevent, limit or otherwise interfere with the right of
the COUNTY to terminate the services of EMPLOYEE at any time, subject only to the provisions
set forth in Section 6 of this Agreement.
D. Nothing in this Agreement shall prevent, limit or otherwise interfere with the right of
the EMPLOYEE to resign at any time from his position with COUNTY, subject only to the
provisions set forth in Section 7 of this Agreement.
Section 4. Suspension:
COUNTY may suspend the EMPLOYEE with full pay and benefits at any time during the
term of this Agreement, but only if:
A. A three fifths majority of the Board and EMPLOYEE agree, or;
16H3
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' members) 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. Sala
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 0/*) 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 (Le., 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 Pay:
A. COUNTY may terminate the employment of EMPLOYEE during the pendency of this
Agreement, without notice and without any obligation to pay the severance pay designated in this
Section, as follows:
1) EMPLOYEE is convicted of any felony or any crime involving moral turpitude
or dishonesty.
2) EMPLOYEE uses illegal drugs;
3) EMPLOYEE commits any act or acts that harm the COUNTY's reputation,
standing, or credibility within the community.
B. Except as set forth in Subsection 6.A above, in the event the COUNTY desires to
terminate EMPLOYEE during such time that EMPLOYEE is willing and able to perform the duties
of Executive Manager to the Board of County Commissioners, COUNTY may do so only in the
following manner:
1) A resolution of intent to terminate EMPLOYEE shall be adopted by an
affirmative vote of a three fifths majority of the entire membership of the Board only
after said resolution has been placed on the agenda of a regularly scheduled Board
4
16N3
meeting and where said agenda item has been
agenda of the Board meeting. included as a part of the published
2) Upon adoption of a resolution of intent to terminate EMPLOYEE, the
Board may consider the adoption of a resolution terminating EMPLOYEE at a
regularly scheduled meeting of the Board not less than fourteen (14) days thereafter.
The resolution terminating EMPLOYEE shall require an affirmative vote of a three
fifths majority of the entire membership of the Board for adoption. In the event of
termination, such termination shall be effective at such time and upon such conditions
as may be set by the Board in the resolution terminating EMPLOYEE.
C. In the event of termination in accordance with the procedures set forth in Subsection
6.B, COUNTY agrees to pay EMPLOYEE, in addition to any amounts then due EMPLOYEE, a
Jump sum cash payment equal to six (6) months aggregate salary within ten (10) working days after
the effective date of termination.
EMPLOYEE shall also be compensated in accordance with CMA #5360 — Leaves of
Absence for all vacation, holidays, and other accrued benefits to date. EMPLOYEE's individual
health, dental and term life insurance and dependent health insurance benefits shall be provided for
a period of twelve (12) months after termination.
Section 7. Resignation:
In the event EMPLOYEE voluntarily resigns his position with COUNTY, before expiration
of the aforesaid term of his employment, the EMPLOYEE shall give COUNTY sixty (60) days
notice in advance. If EMPLOYEE voluntarily resigns, providing COUNTY with less than sixty
(60) days notice, EMPLOYEE shall forfeit any payment for accrued leave otherwise due and
owing.
Section & Dis.�ri:
If EMPLOYEE is permanently disabled or is otherwise unable to perform his duties because
of sickness, accident, injury, mental incapacity, or health for a period of four (4) successive weeks
beyond any accrued leave, COUNTY shall have the option consistent with applicable law to
terminate this Agreement, subject to the severance pay requirements of Section 6C.
Section 9. Performance Evaluation:
The COUNTY shall review and evaluate the performance of the EMPLOYEE in accordance
With the Performance -based merit system as provided in Section 5. Written evaluations based on
said performance system will be provided by each County Commissioner to EMPLOYEE prior to
October 1, 2010, and prior to each October 1s` 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 tern of this A
merit system wage adjustment will take effect on October 1, 2010 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 u of each fiscal year for implementation in the next fiscal year.
W
12A
1663 I
EMPLOYEE's performance evaluation shall be based upon, but not be limited, to the
following criteria:
(a) Whether EMPLOYEE fosters a "team environment" and regularly demonstrates the
ability to work in cooperation with co- workers and others on the job.
(b) Whether EMPLOYEE exhibits helpful, courteous and appropriate conduct towards
customers and others.
(c) Whether EMPLOYEE accepts advice and constructive feedback agreeably and
modifies behavior.
(d) Whether EMPLOYEE acts in a professional manner and promotes the concept of
professionalism with the public, BCC staff, constitutional officers and co-workers by
portraying a positive demeanor and engaging in activities that instill confidence and
respect for the BCC and BCC office.
(e) Whether EMPLOYEE's behavior towards co- workers demonstrates positive support
and respect.
(f) Whether EMPLOYEE provides encouragement, guidance and direction to
administrative staff with regard to development and improvement.
(g) Whether EMPLOYEE coaches, counsels and helps administrative staff to improve
office interaction, efficiency and to develop career plans.
(h) Whether EMPLOYEE maintains the confidence and trust of the Commission by not
divulging information or discussing information with inappropriate parties.
(i) Whether EMPLOYEE participates in emergency events and meetings, filling whatever
role deemed necessary in an emergency situation.
(j) Whether EMPLOYEE enables administrative staff to achieve potential career
progression by encouraging and allowing attendance at appropriate continuing
education and career - related classes.
Commissioners may solicit input from any source, internal or external, when conducting the
EMPLOYEE's performance evaluation.
Section 10. Hours of Work:
All duties required hereunder shall be performed by the EMPLOYEE personally, or through
the assistance of such Board of County Commissioners' office employees and EMPLOYEE shall
assume full responsibility for such performance. Nothing herein shall be deemed to absolve the
EMPLOYEE of personal responsibility for the duties set forth herein. The EMPLOYEE shall be
"on -call" twenty-four (24) hours a day, available to perform said duties and agrees to make himself
available as needed during said period. The manner and means of performance of the duties herein
shall be determined by the EMPLOYEE. All acts performed by the EMPLOYEE, explicitly or
implicitly, on behalf of the County, within the scope of his employment, shall be deemed authorized
by the County as its agent, except that any act which constitutes willful misconduct or which may
be unlawful shall be deemed to be an individual act of the EMPLOYEE without authority of the
County.
Section 11, Insurance. Vilentiou, and Sick Leave:
6
1-2 A
16H3
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 (500/4)) of EMPLOYEE's
annual base salary. EMPLOYEE shall continue to have the option of participating in the County
Leave Bank.
D. All provisions of law and regulations and rules of the COUNTY relating to holidays
and other fringe benefits and working conditions as they now exist, or hereafter may be amended,
shall also apply to EMPLOYEE in the manner that they apply to other employees of the COUNTY,
in addition to benefits specifically enumerated in this Agreement.
E. COUNTY agrees that annually, on the EMPLOYEE's anniversary date of
employment with the County, the EMPLOYEE will be paid for all hours of accrued vacation leave
that exceeds three hundred -sixty (360) hours.
Section 12. Retirement:
EMPLOYEE shall continue to participate in the Florida Retirement System and receive the
same privileges and contributions as he received prior the execution of this Agreement. COUNTY
agrees to execute all necessary agreements provided by ICMA Retirement Corporation (ICMA -RC)
or NACO Public Employees Benefit Services Corporation (as determined by EMPLOYEE) and the
Florida Retirement System for EMPLOYEE's continued participation in said retirement plans.
Section 13. Dues and Subscriptions:
COUNTY agrees that the public is served by EMPLOYEE's participation in professional
organizations that enhance his professional development and in community organizations through
which EMPLOYEE can enhance the level of service provided to the COUNTY and its citizens.
COUNTY will budget for and pay for professional dues and subscriptions of EMPLOYEE
necessary for his continuation and full participation in national, regional, state, and local
associations and organizations necessary and desirable for his continued professional participation,
growth, and advancement, and for the good of the COUNTY.
Section 14. Professional Development:
16H3
COUNTY agrees to budget for and to pay for travel and subsistence expenses of
EMPLOYEE for short courses, institutes, and seminars that are necessary for his professional
development and for the good of the COUNTY.
Section 15. Bonding:
COUNTY shall bear the full cost of any fidelity or other bonds required of the EMPLOYEE
under any law or ordinance.
Section 16. Other Terms and Conditions of Employment:
A. COUNTY shall provide EMPLOYEE at COUNTY expense a cell phone and any
necessary cellular service for use in carrying out EMPLOYEE's duties and responsibilities.
COUNTY shall also provide EMPLOYEE at COUNTY expense a laptop computer and any
necessary related service for use in carrying out EMPLOYEE's duties and responsibilities. Upon
the termination of this Agreement, for whatever reason, EMPLOYEE shall immediately return the
cell phone, the laptop computer and any related equipment to the COUNTY. EMPLOYEE
acknowledges that these services are generally for COUNTY business and that any personal use
shall be paid proportionately by the EMPLOYEE.
B. COUNTY, in consultation with the EMPLOYEE, shall fix any such other tenors 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:
(1) COUNTY: Board of County Commissioners
Collier County Government Center
3301 East Tamiami Trail
Naples, Florida 34112
(2) EMPLOYEE: Ian Mitchell
9060 Palmas Grandee 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.
8
16H3
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.
DV4�tI I` E�RQIi.ERK
% ""t
form and
County Attorney
BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDga
By:
FRED W.
EMPLOYEE:
IAN MITCHEL
9
COLLIER COUNTY, FLORIDA
CLASSIFICATION SPECIFICATION
12A
16113
Class code: 90014
Pay Grade: 23
CLASSIFICATION TITLE: EXECUTIVE MANAGER TO THE BCC
PURPOSE OF CLASSIFICATION
The purpose of this classification is to provide administrative assistance support to the Board of County Commissioners
(BOCC). Work involves providing and managing clerical and administrative support functions at the highest level of
County government. Employees in this class are in highly visible positions requiring frequent communication with all
levels of County government, external agencies and businesses, the media, and the general public.
ESSENTIAL FUNCTIONS
The following duties are normal for this position. The omission of specific statements of the duties does not
exclude them from the classification if the work is similar, related, or a logical assignment for this classification.
Other duties may be required and assigned
Maintains calendars for the BOCC; schedules and prepares for meetings, public petitions, workshops, and/or public
hearings; places advertisements and public notices as applicable; and handles all logistical arrangements pertaining to
the preparation and set up for the scheduled meetings/event.
Maintains frequent communication with all levels of County government, external agencies, local businesses,
community groups, the media, constituents, and the general public. Coordinates the collection and/or distribution of
information pertaining to BOCC activities.
Prepares reports, correspondence and other documents upon request. Prepares legal advertisements, BOCC change
sheets and other materials needed for scheduled meetings.
Coordinates advisory committees and/or task forces initiated by the BOCC. Maintains lists of members, monitors
term expirations where applicable; coordinates meeting schedules; and tracks project status, due dates, scheduled
presentations, etc.
Provides guidance to new Commissioners regarding County resources, business practices, policies and procedures.
Makes reservations and travel arrangements; and coordinates logistical arrangements for meetings (i.e. conference
rooms, catering, etc.)
Supervises subordinate clerical staff. Supervises, directs, and evaluates assigned staff, processing employee concerns
and problems, directing work, counseling, disciplining, and completing employee performance appraisals.
Prepares, presents and monitors the Board budget.
Establishes and maintains a variety of files and records, to include both automated and manual files.
Operates a personal computer, telephones, copiers and other general office equipment as necessary to complete essential
functions, to include the use of word processing, spreadsheet, database, or other system software.
0 DMGMAXIMUS, INC Page 1 Last Revised: July, 2001
16H312A
Collier County, Florida • Executive Manager to the BCC 90014
ADDITIONAL FUNCTIONS
Performs other related duties as required.
In the event of a declared state of emergency, employees in this classification may be called to work during days or
hours other than those for which they are regularly scheduled.
MINIMUM QUALIFICATIONS
Bachelor's degree in Public Administration, Business Administration, or closely related field; supplemented by three (3)
years previous experience and/or training that includes project management, budgetary review, public speaking, public
interaction, office administration in a municipal environment, and personal computer operations; or any equivalent
combination of education, training, and experience which provides the requisite knowledge, skills, and abilities for this
job. Fingerprinting required.
PERFORMANCE APTITUDES
Data Utilization: Requires the ability to evaluate, audit, deduce, and/or assess data using established criteria.
Includes exercising discretion in determining actual or probable consequences and in referencing such evaluation to
identify and select alternatives.
Human Interaction: Requires the ability to apply principles of persuasion and/or influence over others in a supervisory
capacity.
Eauinment, Machinery, Tools, and Materials Utilization: Requires the ability to operate, maneuver and/or control
the actions of equipment, machinery, tools, and/or materials used in performing essential functions.
Verbal Aptitude: Requires the ability to utilize a wide variety of reference, descriptive, and /or advisory data and
information.
Mathematical Aptitude: Requires the ability to perform addition, subtraction, multiplication, and division; the
ability to calculate decimals and percentages; the ability to utilize principles of fractions; and the ability to interpret
graphs.
Functional Reasoning: Requires the ability to apply principles of influence systems, such as motivation, incentive, and
leadership, and to exercise independent judgment to apply facts and principles for developing approaches. and
techniques to resolve problems.
Situational Reasoning Requires the ability to exercise judgment, decisiveness and creativity in situations involving
the evaluation of information against sensory, judgmental, or subjective criteria, as opposed to that which is clearly
measurable or verifiable.
Leadership:
Customer Service:
Financial Accountability:
0 DMGMAXIMU& INC. Page 2 Last Revised: July, 2001
16H3 12A
Collier County, Florida • Executive Manager to the BCC 90014
ADA COMPLIANCE
Pbvsieal Ability: Tasks require the ability to exert light physical effort in sedentary to light work, but which may
involve some lifting, carrying, pushing and/or pulling of objects and materials of light weight (5 -10 pounds). Tasks
may involve extended periods of time at a keyboard or workstation.
Sensory Reauiremenfs: Some tasks require the ability to perceive and discriminate sounds and visual cues or signals.
Some tasks require the ability to communicate orally.
Environmental Factors: Essential functions are regularly performed without exposure to adverse environmental
conditions.
Collier County is an Equal Opportunity Employer. In compliance with the Americans with Disabilities Act, the County
will provide reasonable accommodations to qualified individuals with disabilities and encourages both prospective and
current employees to discuss potential accommodations with the employer.
® DMG- MAXIMUS, INC. Page 3 Last Revised: July, 2001
Ey,�t i giT. 2
COLLIER COUNTY, FLORIDA
CLASSIFICATION SPECIFICATION
16H3 12A
Class Code: 90009
Pay Grade; 16
CLASSIFICATION TITLE: ADMINISTRATIVE AIDE TO THE BCC
PURPOSE OF CLASSIFICATION
The purpose of this classification is to provide highly responsible, confidential and complex secretarial and
administrative duties for the Board of County Commissioners (BCC); to coordinate administrative office support
functions and activities; and to provide professional, effective and efficient public service assistance to the general
public.
ESSENTIAL FUNCTIONS
The following duties are normal for this position. The omission of specific statements of the duties does not
exclude them from the classification if the work is similar, related, or a logical assignment for this classification.
Other duties may be required and assigned.
Performs a wide variety of complex, responsible, and confidential duties for the BCC.
Serves as a liaison between supervisor and County staff, Board members, and the public; screens calls, visitors, and
mail. Coordinates Advisory Board Review annually. Attends meetings for Commissioners upon request.
Coordinates office support functions and activities of the BCC's office.
Researches, compiles, and analyzes data for special projects and various reports. Administers special projects and
activities as assigned. Prepares budgets and reviews expenditures.
Interprets County and departmental policies, rules, and regulations in response to inquiries; refers inquires as
appropriate.
Recommends organization or procedural changes affecting secretarial and clerical support activities particularly in the
areas of record keeping systems, forms control, office layout, and office procedures. Initiates and maintains a variety of
files and records. Types a variety of materials including general correspondence and memoranda.
Participates in the selection, supervision, training, and evaluation of clerical staff. Reviews and coordinates items for
signature. Assists supervisor with routine payroll, personnel, and purchasing duties as assigned. Responds to letters and
general correspondence of a routine nature.
Operates a personal computer, telephones, copiers and other general office equipment as necessary to complete essential
functions, to include the use of word processing, spreadsheet, database, or other system software.
ADDITIONAL FUNCTIONS
Prepares travel arrangements, maintains appointment schedules and calendars, arranges meetings and conferences, and
takes meeting minutes.
0 DMGMAXIMUS, INC. Page I Last Revised: March, 2004
16h3 12A
Collier County, Florida • Administrative Aide to the BCC Code:
90009
Performs other related duties as required.
In the event of a declared state of emergency, employees in this classification may be called to work during days or
hours other than those for which they are regularly schuled.
MINIMUM QUALIFICATIONS
High school diploma or GED; with additional specialized coursework in secretarial and business administration;
supplemented by three years of progressively responsible experience performing secretarial and clerical work, including
some lead supervisory responsibilities; or any equivalent combination of education, training, and experience which
provides the requisite knowledge, skills, and abilities for this job. Fingerprinting required.
PERFORMANCE APTITUDES
Data Utilization: Requires the ability to evaluate, audit, deduce, and /or assess data using established criteria.
Includes exercising discretion in determining actual or probable consequences and in referencing such evaluation to
identify and select alternatives.
Human Interaction: Requires the ability to apply principles of persuasion and/or influence over others in a supervisory
capacity.
Equipment. Machinery. 12& and Materials Utilization: Requires the ability to operate, maneuver and/or control
the actions of equipment, machinery, tools, and/or materials used in performing essential functions.
Verbal Aptitude: Requires the ability to utilize a wide variety of reference, descriptive, and/or advisory data and
information.
Mathematical Aptitude: Requires the ability to perform addition, subtraction, multiplication and division; ability to
calculate decimals and percentages; may include ability to perform mathematical operations with fractions; may
include ability to compute discount, interest, and ratios; may include ability to calculate surface areas, volumes,
weights, and measures.
Functional Reasoning: Requires the ability to apply principles of influence systems, such as motivation, incentive, and
leadership, and to exercise independent judgment to apply facts and principles for developing approaches and
techniques to resolve problems.
Situational Reasoning: Requires the ability to exercise judgment, decisiveness and creativity in situations involving
the evaluation of information against sensory, judgmental, or subjective criteria, as opposed to that which is clearly
measurable or verifiable.
LeadersbiR,
Customer Service:
Financial Accountability:
® DMGMAXIMUS, INC. Page 2 Last Revised: March, 2004
IbH3
Collier County, Florida • Administrative Aide to the BCC Code:
90009
ADA COMPLIANCE
Physical Ability: Tasks require the ability to exert light physical effort in sedentary to light work, but which may
involve some lifting, carrying, pushing and/or pulling of objects and materials of light weight (5 -10 pounds). Tasks
may involve extended periods of time at a keyboard or workstation.
Sensory Requirements: Some tasks require the ability to perceive and discriminate sounds and visual cues or signals.
Some tasks require the ability to communicate orally.
Environmental Factors: Essential functions are regularly performed without exposure to adverse environmental
conditions.
Collier County is an Equal Opportunity Employer. In compliance with the Americans with Disabilities Act, the County
will provide reasonable accommodations to qualified individuals with disabilities and encourages both prospective and
current emplayees to discrcrs potential accommodations with the employer.
® DMG- MAXIMUS, INC. Page 3 Last Revised: March, 2004
12A
Chapter 5350
COMMITMENT TO FAIR TREATMENT
[Effective Date: April 9, 1999 (Revised: October 1, 2001; Revised: October 1, 2003; Revised: April
1, 2006; Revised: May 11, 2010)]
§ 5350 -1. Purpose.
The purpose of this Instruction is to provide for the implementation of a commitment to fair
treatment procedure authorized by the County Manager.
§ 5350 -2. Concept.
The County is committed to providing fair treatment to all employees and will ensure each
concern is handled in an efficient and equitable manner. The County has established a
commitment to fair treatment practice and procedure to provide a vehicle for employees to solve
problems or resolve disputes, which may rise regarding the application, meaning or interpretation
of the County's Human Resources Administrative Practices and Procedures. "fhe commitment to
fair treatment procedure does not apply to new employees serving their initial six -month
probation, contract emolovees, temporary employees, and employee performance evaluation
ratings or hiring decisions. Appeal procedures for discharge, suspension, or disciplinary
demotion for regular full -time and regular part -time employees below the level of Department
Director but not including contract employees and Executive Aides to the Board of County
Commissioners, who are confidential emolovees working directly for the Commissioners are
stated in CMA 5351, Discipline, under § 5351 -21), Suspension, Discharge and Disciplinary
Demotion Appeal Procedures.
§ 5350.3. Procedures.
A. The County encourages employees to discuss any concerns with their Supervisor and
ensures that employees may do so without fear of reprisal. it is the intent and desire of the
County to address complaints informally. Both Supervisors and employees are expected to
make every effort to resolve problems as they arise.
B. Three levels of review are provided to employees who are dissatisfied with the answer
received from their Supervisor. Employees shall first discuss the matter with their
immediate Supervisor within five working days of the occurrence of the incident. If
dissatisfied with the Supervisor's response, the employee has the option of appealing the
response at the following levels.
' Because the Executive Aides to the Board of County Commissioners only 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 appeal of that respgnse directly to the Human
Resources Director consistent with the articulated procedures provided in Lew[ Three appeals
16H3
(1) Level One: The employee should reduce his/her concerns to writing for presentation
to his /her Department Director within five working days from the date of discussion
with the immediate Supervisor. Appeal forms may be utilized by the employee to
record the details of the situation, the immediate Supervisor's response and the
appropriate instruction, as applicable. A copy of the statement must be furnished by
the Department Director to the Human Resources Director. The Department Director
will schedule and conduct a meeting with the employee within five working days of
receipt of the appeal and will provide an answer within five working days of the
meeting. A meeting with all parties involved is encouraged before the Department
Director prepares his/her answer. if the employee is dissatisfied with the Department
Director's answer or the answer is not received within the specified time period,, the
employee may appeal the action to the Division Administrator as provided in Level 2.
(2) Level Two: The employee may appeal by submitting the original document, the
Department Director's response and any additional comments to his/her Division
Administrator or designee. Copies of all documents must also be submitted to the
Human Resources Director. The appeal shall be filed within five working days from
the date of the Department Director's response. The Division Administrator or
designee will schedule and conduct a meeting with the employee within five working
days of receipt of the appeal and the employee will be provided an answer within five
working days of the meeting. A meeting with all parties involved is encouraged
before the Division Administrator or designee prepares his/her answer. Should the
employee be dissatisfied with the answer or not receive an answer within the
specified time period, the employee may appeal the action to the County Manager or
designee, as provided in Level 3.
(3) Level Three: To appeal to the County Manager's office, all previously submitted
forms and additional employee comments must be submitted to the County Manager's
Office with a copy to the Human Resources Director within five working days of
receipt of the Division Administrator's or designee's response. The employee may
discuss his/her concerns with the County Manager or his/her designee, if desired. The
County Manager, or his/her designee, will schedule and conduct a meeting within
seven working days of receipt of the appeal with a representative from Human
Resources in attendance. A meeting with all parties involved is encouraged before the
County Manager prepares his/her answer. A final decision will be rendered by the
County Manager's office within five working days of the meeting unless both parties
agree to a change of time. The County Manager's decision is final and no further
appeals are available through the County. The employee shall have the right to be
represented and /or accompanied by another employee during discussions with the
County Manager. Because it is the intent that this be an informal process, the
employee shall not be allowed to be represented by an attorney.
(4) General Provisions:
(a) There will be no retaliation against an employee for utilizing this process.
(b) Employees at Department Director level and equivalent (salary grade #29 and
above) and contract employees are not eligible to use this procedure.
12A
: �h'
(c) Should the employee be dissatisfied with a decision or action of an individual in
another department, the appeals are addressed through the chain of command in
that department in accordance with this practice. The employee should also
inform his/her immediate Supervisor of the discussions taking place with
another department's chain of command.
(d) An appeal or request for a hearing that is not submitted within the time limits as
prescribed for each level where no written extension has been granted by the
due date shall be considered untimely; and, unless the lack of timeliness results
from circumstances over which the employee has no control, untimely appeals
will not be considered. An appeal not taken to the next step within the time
limits shall be considered settled on the basis of the last answer provided by
management. An appeal or request for a hearing that is not answered within the
time limits prescribed for the appropriate management representative at each
level shall entitle the employee to appeal to the next level.
(e) The time limits prescribed herein may be extended for good and sufficient
reasons by management due to illness, vacations, business trips, emergencies,
business scheduling conflicts, or other unusual circumstances, when deemed in
the best interest of assessing all available information to arrive at an equitable
solution. If the time limits are extended, the employee will be so advised in
writing
(f) The time limits as set forth in this procedure for the processing of complaints
and responses by management shall remain the same for employees regardless
of work schedules. For the purpose of this commitment to fair treatment
procedure, the working day shall be defined as regular business hours Monday
through Friday.
(g) All records, notes, correspondence, decisions and actions pertaining to the
complaint shall be maintained in the Human Resources Department. A copy of
the final resolution of all appeals shall be furnished to the employee and a copy
forwarded to the Human Resources Director for insertion in the Commitment to
Fair Treatment File.
(h) The Human Resources Department is responsible for administering the
commitment to fair treatment procedure and ensuring the appeal is handled in a
prompt and efficient manner.
(i) This procedure does not provide any guarantee of a job or position with the
County.
(j) It is not the County's practice to allow court reporters to participate in this
process. See also § 5351 -21), Suspension, Discharge and Disciplinary Demotion
Appeal Procedures, under CMA 5351, Discipline
§ 5350 -4. Currency.
The Human Resources Department is responsible for maintaining the currency of this
Instruction.
�6�3
§ 5350 -5. Reference.
Collier County Personnel Ordinance, Ordinance No. 2001 -50: Commitment to Fair Treatment
for Regular Full -Time and Part-Time Employees Below the Level of Section Head: The County
has established a Commitment to Fair Treatment policy and procedure to provide a vehicle for
employees to solve problems or resolve disputes which may arise regarding the application,
meaning or interpretation of the County's Human Resources Practices and Procedures. The
Commitment to Fair Treatment procedure does not apply to probationary employees, temporary
employees or employee performance appraisal ratings. The County understands when people
work together disagreements are likely to occur. The County is committed to providing fair
treatment to all employees and will ensure each concern is handled in an efficient and equitable
manner. It is the intent and desire of the County to adjust complaints informally. Both
Supervisors and employees are expected to make every effort to resolve problems as they arise.
It is the responsibility of all involved parties to accept the final decision in this process.
CMA 5351
DISCIPLINE
16H3
[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 employees
and the Executive Aides to the Board of County Commissioners, who are confidential
employees working directly for the Commissioners. Department Directors, Fire Chiefs,
Chief — EMS, Division Administrators, County Attorney, Deputy County Attorney,
Deputy County Manager, Executive Aides to the Board of County Commissioners, the
County Manager, and all other contract employees reporting to the Board of County
Commissioners are exempt from this disciplinary procedure, serve at the will of the
County and may be suspended, discharged or demoted for any reason. All temporary and
seasonal employees and contractual staff of the County are also exempt Irom this
disciplinary procedure and may be separated at any time for any reason. Employees in
their initial probationary period (including any extension of their initial probationary
period) do not have appeal rights under this procedure. See CMA § 5321, Probationary
Period, for further definition of the probationary period.
A. Definitions:
(1) Behavior Action Plan: The Behavior Action Plan (BAP) is a document used to
administer progressive discipline actions to employees. A Behavior Action Plan
is used by a Supervisor /Manager/Director to document continued violations of
County standards after a verbal counseling session has taken place and behaviors
do not improve; or in cases when conduct warrants an immediate written warning,
suspension, disciplinary demotion or recommendation to terminate the
individual's employment.
The BAP will include a description of the incident or violation, including the
specific section of the CMA(s) violated; a summary of the employee's past
disciplinary actions, if applicable; the expectations for the employee to improve
his/her behavior through measurable improvements or goals; and the positive or
negative consequences of not meeting the improvements or goals that have been
llugc 1 of 1 I
CMA 5351
outlined.
16H3
The BAP will be prepared by the employee's Supervisor /Manager /Director in
consultation with the HR Generalist assigned to the department. The final
recommendation for disciplinary action must be approved by the Department
Director. Once the recommendation has been made, the Manager — Labor &
Employee Relations and Human Resources Director must approve the BAP
before it is issued to the employee. The BAP, along with any supporting
documentation, is delivered to the employee by his/her Director and HR
Generalist.
The BAP will become part of the documentation contained in the Human
Resources Personnel File.
(2) Supervisory Log/Record of Conversation: A supervisory log/record of
conversation is used to document the details of a verbal counseling session
between an employee and his/her supervisor. The log should include the date of
the occurrence, the action or behavior observed, the specific section of County
CMAs that was violated, and the date and initials when the supervisor reviewed
his/her concerns with the employee.
After action is taken on the Supervisory Log/Record of Conversation, it will be
retained in the employee's departmental file. In the event that further disciplinary
actions are warranted, the Supervisory Log/Record of Conversation may be
included as supporting documentation with a BAP.
B. Factors In Discipline: Although internal consistency in administering discipline is
desirable, numerous factors should be considered in determining the appropriate
level of discipline to be administered. These factors include, but are not limited to:
(1) Employee's length of service.
(2) Intervals between performance or behavior problems.
(3) Employee's progress towards improving overall work performance or
behavior.
(4) Disciplinary history.
(5) Effectiveness of prior disciplinary actions.
(6) Severity of disciplined behavior.
(7) Repetition of disciplined behavior.
C. Philosophy: Supervisors should work with employees to improve performance or
behavior and may refer employees to the Employee Assistance Program whenever
possible. While the goal of discipline is to be corrective through a series of
progressive steps/actions, allowing the employee to improve his/her behavior, in
certain circumstances, progressive discipline may not be applicable.
Behavior Action Plan (BAP): Each disciplinary action, other than verbal
Page 2 of l l
CMA 5351
counseling, must be fully documented on a Behavior Action Plan and submitted to
the Human Resources Department prior to implementation.
Behaviors requiring immediate action: Some breaches of conduct are so severe,
however, that they warrant an immediate discharge or other disciplinary action. The
following include, but are not limited to, actions that may warrant immediate
discharge: workplace violence, violations of the Code of Ethics /Standards of
Conduct, or any applicable ethics laws or ordinances, insubordination, theft, sexual
harassment, or other severe misconduct or unsatisfactory performance or behavior.
Decisions regarding disciplinary actions are the responsibility of the Department
Director; however, disciplinary actions for violations of policies, practices or
procedures that fall under the purview of a department other than Human Resources
should be made in consultation with the Department Director having authority over
that policy, practice or procedure (i.e., Purchasing policies, Risk
Management/Safety policies, computer usage policies, etc.)
D. Disciplinary Actions:
(1) Verbal counseling session: A verbal counseling session takes place between
an employee and his/her supervisor when attitude, work habits, or conduct
does not fall within established guidelines or CMAs, with the objective being
to provide notice to the employee of his/her actions and to outline the steps
necessary to improve these actions to avoid further disciplinary measures.
(a) Supervisors should advise employees immediately whenever the
employee's attitude, work habits, or personal conduct falls below an
acceptable level.
(b) It is the responsibility of the employee's immediate supervisor to gather
all the information, weigh the facts and discuss any disciplinary or other
problems with the employee involved.
(c) The purpose of a verbal counseling session is to encourage employees to
improve their attitude, work habits, attendance, or behavior. Discussions
of this nature are commonly used when an employee disregards work
rules of a relatively minor nature. The supervisor will identify and define
the area in need of improvement and ask the employee what steps he /she
will take to make improvements in his/her behavior /performance.
(d) A verbal counseling session serves notice that if improvement is not
forthcoming, or the misconduct reoccurs, then more formal disciplinary
action such as written counseling, suspension, demotion or discharge
may be taken. The supervisor should note the verbal counseling session
on the County's Supervisory Log Form/Record of Conversation (ROC)
Form and maintain this form in department records. The supervisor and
the employee should initial the Supervisory Log entry. If the employee
refuses to sign, it should be so indicated on the Supervisory Log/ROC
Form in the area reserved for the employee's initials. This form should
not be placed in the employee personnel file in the Human Resources
11agc 3 01' 11
16H3
CMA 5351
16N3
Department, but should be retained by the Supervisor. The Supervisory
Log Form/Record of Conversation (ROC) Form is a public record and
may become part of a personnel file in the event that further disciplinary
action is warranted.
(2) Written Counseling Session:
(a) In situations where verbal counseling has not resulted in the expected
improvement or when an employee exhibits further disciplinary
problems or when the employee's conduct warrants, a BAP shall be
issued. If misconduct is involved, the information should include a
description of the incident of misconduct and refer to times, dates,
locations, and the Code of Ethics /Standards of Conduct or other CMAs
violated as applicable.
(b) The employee's immediate Supervisor may initiate the BAP in
coordination with the Department Director and the assigned Human
Resources Generalist. Final decisions regarding discipline are the
responsibility of the Department Director. The signatures of the
supervisor, Department Director, Manager - Labor and Employee
Relations and Human Resources Director must be included on the
Behavior Action Plan. The BAP may be issued to the employee after
approvals listed above are obtained.
(c) The supervisor /Department Director and the assigned Human Resources
Generalist will meet with the employee to review the information on the
Behavior Action Plan and issue the written discipline. The employee's
signature is requested on the Behavior Action Plan to acknowledge
receipt; however, the signature may or may not indicate an employee's
agreement with the disciplinary action. If the employee refuses to sign, it
should be so indicated on the Behavior Action Plan in the area reserved
for the employee's signature.
(d) The Behavior Action Plan, documenting the conduct and, where
appropriate, the Code of Ethics/Standards of Conduct violated and
disciplinary action taken, are a public record and shall be retained in the
employee's personnel file in the Human Resources Department.
(3) Suspension:
(a) An employee may be suspended without pay by his/her immediate
supervisor, with the prior approval of the Department Director or his/her
designees and upon consultation with the assigned Human Resources
Generalist. Suspensions may be recommended for reasons provided in
the Code of Ethics /Standards of Conduct 1 or for other unacceptable
conduct.
(b) Under extreme or exigent circumstances, the immediate supervisor may
1. Editor's Note: See CMA 3311, Code of Ethics, and CMA 5311.1, Standards of Condoct.
Pagtdoi'1I
CMA 5351
12 F
place an employee on administrative leave with pay without the
approvals and consultation indicated above (weekends, night shift,
perceived danger to fellow employees, the public or to County property,.
safety concerns, etc.). Administrative Leave is outlined further in CMA
5360, Leaves of Absence. In these cases, the Supervisor should contact
the Department Director, the Human Resources Director and the Labor
and Employee Relations Manager as soon as possible.
(c) Suspensions shall be documented on a Behavior Action Plan which
describes unacceptable conduct and, where appropriate, the specific
section(s) of the Code of Ethics/Standards of Conduct or other CMAs
violated and the disciplinary action administered. The Behavior Action
Plan must be approved by the Supervisor, Department Director,
Manager - Labor and Employee Relations and Human Resources
Director before it is issued to the employee. The supervisor /Department
Director and the assigned Human Resources Generalist will meet with
the employee to review the information on the Behavior Action Plan and
issue the suspension. The employee's signature is requested on the
Behavior Action Plan to acknowledge receipt, however, the signature
may or may not indicate an employee's agreement with the disciplinary
action. if the employee refuses to sign, it should be so indicated on the
Behavior Action Plan in the area reserved for the employee's signature.
The original copy of the Behavior Action Plan shall be retained in the
employee's personnel file in the Human Resources Department. A
Personnel Action Report (PAR) should be completed when a suspension
occurs.
(d) Any employee recommended for suspension shall be given notice of
his/her appeal rights, if any, by separate letter /memorandum from the
Human Resources Department. A copy of the appeal procedure shall be
provided with this letter /memorandum.
(e) The suspension action becomes final should the employee fail to file a
request to appeal the suspension during the required time period.
(4) Termination of Employment/Disciplinary Demotion:
(a) Employees may be recommended for termination of employment or
demotion for misconduct, unacceptable job performance, job
abandonment and /or violations of the Code of Ethics/Standards of
Conduct. As noted in the Code of Ethics/Standards of' Conduct,2 the
reasons for discipline, including termination of employment or
demotion, outlined therein are examples and are not considered all
inclusive. Recommendations to terminate employment or demote regular
full -time and regular part-time employees who have completed their
initial probationary period may be made by the employee's Department
2. Editor's Note: See CMA 5311, Code of Ethics, and CMA S31 1.1, standards of Conduct.
CMA 5351
16H3
Director in coordination with the assigned Human Resources Generalist,
after consultation with the Manager - Labor and Employee Relations and
Duman Resources Director. Following this consultation, the
recommendation shall be formalized by completion of a Behavior
Action Plan.3
(b) The Behavior Action Plan should fully describe the reasons for the
recommended termination or demotion and indicate the specific
section(s) of the Code of Ethics/Standard of Conduct or other CMAs
violated, as applicable, or other reasons for the recommended
termination or demotion.
(c) The Behavior Action Plan should be signed by the immediate supervisor
and Department Director and forwarded to the Labor and Employee
Relations Manager and the Human Resources Director for review and
approval prior to communication with the employee.
(d) The supervisor/Department Director and the assigned Human Resources
Generalist will meet with the employee to review the information on the
Behavior Action Plan and issue the termination or demotion. The
employee's signature is requested on the Behavior Action Plan to
acknowledge receipt. however, the signature may or may not indicate an
employee's agreement with the disciplinary action. If the employee
refuses to sign, it should be so indicated on the Behavior Action Plan in
the area reserved for the employee's signature.
(e) Employees may be placed on administrative leave with pay pending
approval of the termination or demotion and will be entitled to a
termination/disciplinary demotion hearing upon written request. See §
5351 -2D(2) and (3) below.
(t) Any employee recommended for discharge or demotion shall be given
notice of his/her appeal rights, if any, by a letter /memorandum from the
Department Director separate and apart from the BAP. A copy of the
appeal procedure shall be provided to the employee with the
letter /memorandum.
(g) The termination/demotion action becomes final should the employee fail
to file a request to appeal the action during the required time period.
(7) When disciplinary action is taken and a Behavior Action Plan is completed, an
employee may be placed on probation or given other disciplinary action as
warranted. When the employee meets the established goal(s), the probationary
period or other disciplinary action may be lifted. If the employee does not
meet the established goal(s), further disciplinary action may be taken, up to
and including discharge.
D. Appeal Process: No appeal will be allowed for any disciplinary action except
3. Editor's Note: The Bebavior Action Plan is included at the end or this CMA.
Page 6 of
CMA 5351
suspensions, terminations and disciplinary demotions as outlined belol &UY4�
will, however, be permitted to submit statements outlining the reason(s), if any,T'or
their disagreement with the disciplinary action taken.
(1) Appeal of Suspension:
(a) The employee may request a hearing within five working days of receipt
of the notice of suspension before the Division Administrator /Chief or
his/her designee. The Department Director, and Human Resources
Director, or their respective designees, shall be in attendance. The
employee will be provided an opportunity to present evidence that the
suspension is inappropriate. The Department Director or his/her
designee, and the employee's supervisor, shall present the
reasons/documents for the suspension.
(b) Upon written request by the employee at least three working days prior
to the hearing, the County will allow the attendance of a reasonable
number of County employees who have direct knowledge of the incident
under review at the hearing as witnesses for the employee. The County
will be responsible for the wage or salaries of all County employee
witnesses who appear at the hearing at the request of the employee. A
list of witnesses, summary of testimony and other evidence, shall be
provided by both parties to the Human Resources Department at least
three working days prior to the hearing. The employee is responsible for
notifying his/her witnesses of the date and time they need to appear.
(c) The Division Administrator /Chief or his/her designee shall hear the facts
of the matter and take additional action, as necessary, to ensure all the
facts in the matter are detennined. Upon review of the facts, the Division
Administrator /Chief may uphold or overturn the recommended action,
or may recommend reduced disciplinary measures. The Division
Administrator /Chief, or his/her designee, shall render a final decision in
writing within 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. If the suspension is overturned by the Division
Administrator or his/her designee, or reduced disciplinary measures are
recommended, pay, if applicable, shall be reinstated to the employee and
documentation regarding the disciplinary action shall be placed in the
employee's personnel file.
(2) Appeal of Recommendation for Termination or Disciplinary Demotion:
(a) An appeal hearing, if requested in writing by the employee within five
working days of the action, will be coordinated by the Human Resources
Page 7 uP I l
CMA 5351 16H3
Director or designee and is intended to present the factual reasons for the
termination/disciplinary demotion for verification or denial of those
facts by the employee. The hearing can be waived by the employee, in
which case the proposed disciplinary action will stand.
(b) The employee will receive notification of the hearing in writing a
minimum of three working days prior to the hearing from the Human
Resources Director or his/her designee. This notice will contain the date,
time and place of the hearing, reasons for the discharge /disciplinary
demotion and a copy of the approved Behavior Action Plan. Failure of
the employee to attend the scheduled hearing will be considered a
waiver of the hearing and the discharge will stand.
(c) The appeal hearing will be conducted by the Division Administrator or
his/her designee with assistance from the Human Resources Department.
The purpose of the hearing is to review the facts relating to the matter
and determine whether they support the decision and fall within
guidelines of existing CMAs. The employee will not be allowed to
include testimony of witnesses or be represented by an attorney.
(d) The Division Administrator or his/her designee shall make a decision to
uphold or overturn the recommended action, or may recommend
reduced disciplinary measures within three working days of the
conclusion of the hearing. This decision will be communicated in
writing to the employee, the Human Resources Director, the employee's
immediate Supervisor and Department Director.
(e) During the period between the date when an employee has been
recommended for termination or disciplinary demotion and the date the
initial appeal hearing is held, the employee will be placed on paid
Administrative Leave of Absence.
(3) Appeal of final decision for Termination/Disciplinary Demotion:
(a) The employee may appeal a final decision for termination/disciplinary
demotion in writing to the Human Resources Director within five
working days upon receipt of the Division Administrator or designee's
determination. The hearing will be held before the County Manager or
his/her designee. The Human Resources Director will schedule the
hearing within 30 days of receiving the request for the hearing. The
hearing may only be rescheduled upon written request of either party,
and must be reset within a reasonable time. The Department Director
and Human Resources Director, or their respective designees, shall be in
attendance. The employee may be allowed to present witnesses, in
accordance with section (c) below, and documentation and may cross -
examine witnesses presented by the County. The employee will be
allowed representation by an attorney. The employee will have a right to
examine the evidence that forms the basis for the
termination/disciplinary demotion. The Department Director or his/her
Page 8 of I i
CMA 5351
16H3
designee, with assistance and representation from the Office of the
County Attorney and the Human Resources Director or his/her designee,
as appropriate or as needed, shall present the reasons for the
termination/disciplinary demotion and will also be allowed to present
witnesses and documentation and will be allowed to cross - examine
witnesses presented by the employee. The County Manager or his/her
designee shall take action to ensure all facts in the matter are
determined.
(b) Judicial rules of procedure and evidence will not be applicable. The
County Manager or his/her designee shall render his/her decision within
10 working days of the hearing. The County Manager or his/her
designee shall communicate the decision in writing to the employee,
Human Resources Director, immediate supervisor, Department
Director, Division Administrator and any other applicable
representative(s). A court reporter shall document this process. All
witnesses providing testimony will be put under oath.
(c) Upon written request by the employee at least three working days prior
to the hearing, the County will allow the attendance of a reasonable
number of County employees at the hearing as witnesses for the
employee. The County will be responsible for the wage or salaries of all
County employee witnesses who appear at the hearing at the request of
the employee. A list of witnesses and summary of testimony and other
evidence shall be provided by both parties to the Human Resources
Department at least three working days prior to the hearing. The
employee is responsible for notifying his/her witnesses of the date and
time they need to appear.
(d) At the option of the County Manager or his/her designee, a Hearing
Officer may be selected to make the findings of fact. The person
selected will either be the County Manager's designee, an attorney who
is a member of the Florida Bar Association, or an arbitrator listed with
either the American Arbitration Association or the Federal Mediation
and Conciliation Service. All expenses of the Hearing Officer and Court
Reporter will be the responsibility of the employee's Department. The
Hearing Officer will prepare a written finding of facts and, if
appropriate, conclusions of law and submit them to the County Manager
within 10 business days following the close of the hearing. The Hearing
Officer will not make any recommendation as to the actual resolution of
the discharge /disciplinary demotion. The County Manager or his/her
designee will issue a final decision in writing within 10 working days
following receipt of the report from the Hearing Officer to the employee.
(e) if the discharge /disciplinary demotion is upheld by the County Manager
or his/her designee, the Behavior Action Plan documenting the
termination/disciplinary demotion shall be placed in the employee's
personnel file in the Human Resources Department.
Payee 9 of I
CMA 5351
16H3
(#} if the termination/disciplinary demotion is overturned by the County
Manager or his/her designee, pay and benefits, if applicable, and original
date of hire shall be reinstated to the employee and documentation
regarding the discharge /disciplinary demotion shall be placed in the
employee's personnel file.
(g) The County Manager, or his/her designee, may also recommend
alternative or reduced disciplinary measures in lieu of upholding the
discharge /disciplinary demotion. In such circumstances, the County
Manager or designee will determine the terms under which the employee
may return to work, including eligibility for return of pay and benefits.
While reasonable attempts will be made to maintain an employee in
his/her previous pay grade and classification, employees who accept the
conditions of alternate disciplinary measures may be transferred to
another position in the organization.
(h) During the period between the date when the Division Administrator
upholds the termination/disciplinary demotion decision and the date the
termination/post- disciplinary demotion hearing is held, the employee
will be placed on unpaid Administrative Leave of Absence.
(4) General Provisions:
(a) An appeal or request for a hearing that is not submitted within the time
limits as prescribed for each step, where no written extension has been
granted by the due date, shall be considered untimely; and, unless the
lack of timeliness results from circumstances over which the employee
has no control, untimely requests will not be considered. An appeal or
request for hearing not taken to the next step within the time limits shall
be considered settled on the basis of the last answer provided by
management. An appeal or request for a hearing that is not answered
within the time limits prescribed for the appropriate management
representative at each step shall entitle the employee to appeal to the
next step.
(b) The time limits prescribed herein may be extended for good and
sufficient reasons by management due to short term illness, vacations,
business trips, scheduling /workload conflicts, or emergencies, when
deemed in the best interest of assessing all available information to
arrive at an equitable solution. If the time limits are extended, the
employee will be so advised in writing.
(c) The time limits as set forth in this procedure for the processing of
complaints and responses by management shall remain the same for
employees regardless of work schedules. For the purpose of this
discipline procedure, the working day shall be defined as regular
business hours Monday through Friday. An employee who seeks an
extension of the time limits set forth herein must make the request to the
Human Resources Director in writing prior to the expiration of the time
Page 10 or I I
CMA 5351 16H3
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.
§ 53514. 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.
Pup I I of I 1