Agenda 01/13/2009 Item #16F 7Agenda Item No. 16F7
January 13: 2009
Page 1 of 3
EXECUTIVE SUMMARY
Authorization of a budget amendment transferring appropriations from Reserves in
the General Fund (001) to the Other General and Administrative Services budget.
The appropriation will be used to pay for attorney fees and court reporting charges
for an employee appeal. ($20,368.80)
OBJECTIVE: Authorization by the Board of County Commissioners (Board) of a
budget amendment transferring appropriations in the amount of $20,368.80 from the
General Fund Reserves to Other General and Administrative Services to provide a
funding source for the remaining appeal costs associated with a Board employee
terminated in accordance with Collier County Personnel Ordinance, Ordinance No. 2001-
50, and in accordance with the appropriate County Manager Administrative Practices and
Procedures and Board policy pertaining to disciplinary actions for Board administrative
staff.
CONSIDERATIONS: In September, 2008; following the termination of a staff
employee in the Board Office; the terminated employee filed a timely appeal. Because of
factual considerations, a determination was made to retain:
1. Outside counsel to serve as the Hearing Officer; and
2. Outside Counsel to defend the Board Office in this personnel issue.
Total costs incurred for this personnel action is $28,798.66, broken down as follows:
1. $8,429.86 for the Hearing Officer;
2. $17,205.20 for the outside counsel (Board Office defense); and
3. $3,163.60 for Court Reporting and Transcription services.
The Hearing Officer expense is a Human Resources cost; it has been paid. The remaining
expenses (Board Office defense counsel - $17,205.20 and Court Reporting services -
$3,163.60) are not budgeted and are properly attributed to the Board Office, which
includes Other General and Administrative Services. Services for the Hearing Officer,
Board Office defense counsel and Court Reporting services were acquired in accordance
with the Purchasing Policy Section IVB5, retention of specialists /experts.
FISCAL IMPACT: $20,368.80 to be paid from the Other General and Administrative
Services budget in the General Fund (001).
LEGAL CONSIDERATIONS: This item has been reviewed and approved by the
County Attorney's Office, is not quasi- judicial and requires no ex parte disclosure,
requires only a majority vote for approval, and is otherwise legally sufficient for Board
action. —SRT
GROWTH MANAGEMENT IMMPACT: There is no growth management impact
associated with this action.
—.—.da it -ni N-,. ",6 =7
January'3, "'n9
Pa ge 2 of 3
RECOMMENDATION: Board authorization of a budget amendment transferring
appropriations in the amount of $20,368.80 from the General Fund Reserves to Other
General and Administrative Services to provide a funding source for a terminated
employee appeal costs.
PREPARED BY: John Yonkosky, Budget Director
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Agenda Item No. 16F7
January 13, 2009
Page 3 of 3
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COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number.
161`7
Item Summary:
Authorization of a budget amendment transferring appropriations from Reserves in the
General Fund (001) to the Other General and Administrative Services budget. The
appropriation will be used to pay for attorney fees and court reporting charges for an
employee appeal ($20.368.80)
Meeting Date:
1/13/2009 9:00.00 AM
Approved By
Scott R. Teach
Assistant County Attorney Date
County Attorney
County Attorney Office 1/612009 3:50 PM
Approved By
John A. Yonkosky
Director of the Office of Management Gate
County Manager's Office
Office of Management & Budget 1/6/2009 4:07 PM
.Approved By
James V. Mudd
County Manager Date
Board of County
County Manager's Office 1/6;2009 4:12 PM
Commissioners
file: / /C:AAr =endaTest \Export \121- .lanuary %2013,% 202009 \I6. )/02000NSENT %?OAGENDA \... 11/7/2009