Agenda 05/14/2019 Item #10A (Hearing Examiner 2 yr Extension)05/14/2019
EXECUTIVE SUMMARY
Recommendation that the Board of County Commissioners review and approve the proposed two-
year extension to the Employment Agreement for Mark Strain, Hearing Examiner.
_____________________________________________________________________________________
OBJECTIVE: Recommendation that the Board of County Commissioners review and approve the
proposed two-year extension to the Employment Agreement for Mark Strain, Hearing Examiner.
CONSIDERATIONS: The Hearing Examiner reports directly to the Board of County Commissioners.
The Hearing Examiner's Agreement may be extended for two years as provided for in the Agreement.
Attached to this Executive Summary is the Hearing Examiner’s existing Agreement. The intent is to
renew this Agreement for two years under the same terms and conditions as the original agreement. This
will be the third extension to the Agreement. No change in original terms or conditions is proposed except
for this extension. The Agreement will be extended to September 30, 2021.
Since October 2013, the Hearing Examiner has resolved 219 land use actions. Prior to creating the
Hearing Examiner’s office, these land use actions would have required approximately 365 hearings before
the Planning Commission and/or the Board of County Commissioners. In addition, the Hearing Examiner
has periodically provided recommendation reports to the Board, as a result of special hearings that were
held at Board direction.
FISCAL IMPACT: Salary and benefits as set forth in the attached agreement; costs of maintaining the
Office of the Hearing Examiner as set forth in the Board of County Commissioners adopted budget.
GROWTH MANAGEMENT IMPACT: None.
LEGAL CONSIDERATIONS: The County Attorney has reviewed this item and approved it as to form
and legality. Majority support of the Board is required for approval. - JAK
RECOMMENDATION: The Board of County Commissioners reviews and approves the attached
proposed Third Extension to Hearing Examiner Employment Agreement, and authorizes the B oard Chair
to sign the extension agreement.
Prepared by: Mark Strain, Hearing Examiner
ATTACHMENT(S)
1. Third Extension (proposed) 5.14.19 (PDF)
2. Hearing Examiner Employment Agreement 5.28.13 (PDF)
3. First Extension 7.7.15 (PDF)
4. Second Extension 3.28.17 (PDF)
10.A
Packet Pg. 292
05/14/2019
COLLIER COUNTY
Board of County Commissioners
Item Number: 10.A
Doc ID: 8768
Item Summary: Recommendation that the Board of County Commissioners review and approve
the proposed two-year extension to the Employment Agreement for Mark Strain, Hearing Examiner.
Meeting Date: 05/14/2019
Prepared by:
Title: Legal Assistant – County Attorney's Office
Name: Wanda Rodriguez
04/25/2019 9:57 AM
Submitted by:
Title: County Attorney – County Attorney's Office
Name: Jeffrey A. Klatzkow
04/25/2019 9:57 AM
Approved By:
Review:
Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 04/25/2019 2:44 PM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 04/26/2019 11:51 AM
Office of Management and Budget Laura Zautcke Additional Reviewer Completed 05/01/2019 11:24 AM
County Manager's Office Nick Casalanguida Level 4 County Manager Review Completed 05/05/2019 9:14 PM
Board of County Commissioners MaryJo Brock Meeting Pending 05/14/2019 9:00 AM
10.A
Packet Pg. 293
10.A.a
Packet Pg. 294 Attachment: Third Extension (proposed) 5.14.19 (8768 : Recommendation to approve a 2-year extension to the Employment Agreement for the
10.A.a
Packet Pg. 295 Attachment: Third Extension (proposed) 5.14.19 (8768 : Recommendation to approve a 2-year extension to the Employment Agreement for the
HEARING EXAMINER EMPLOYMENT AGREEMENT
THIS AGREEMENT, made and entered into this 28th day of May, 2013, by and between
COLLIER COUNTY, a political subdivision of the State of Florida, hereinafter called "County,"
as party of the first part, and Mark P. Strain, hereinafter called "Hearing Examiner," as party of
the second part, both of whom understand as follows:
WITNESSETH:
WHEREAS, the County desires to employ the services of Mark P. Strain as a Hearing
Examiner for Collier County, as provided by Collier County Ordinance No. 2013-25, as
amended from time to time (hereinafter referred to as the "Hearing Examiner's Ordinance"); and
WHEREAS, it is the desire of the Board of County Commissioners to provide certain
benefits, to establish certain conditions of employment, and to set working conditions of the
Hearing Examiner; and
WHEREAS, the undersigned desires to accept employment as Hearing Examiner for
Collier County; and
NOW THEREFORE, in consideration of the mutual covenants herein contained, the
parties agree as follows:
Section 1: Duties
The Hearing Examiner shall have the authority, duties and responsibilities as set forth in
Section 5 of the Hearing Examiner's Ordinance.
Section 2: Term
A. This Agreement shall commence effective Wednesday, May 29, 2013, subject to
approval of the Board of County Commissioners, and shall terminate on September 30, 2015.
B. On or before March 30th
preceding the then ending year of the Agreement, including
any applicable extensions, the term of this Agreement may be extended for a period of two (2)
years by the mutual written agreement of the County and the Hearing Examiner.
C. Either party may freely terminate this Agreement at any time, with or without cause,
on 30 days written notice to the other. Upon such termination, neither party shall have any
further obligation to the other party. In the event the Hearing Examiner is convicted of any
felony or of any crime involving moral turpitude, the County may by written notice immediately
terminate this Agreement.
Section 3: Salary
A. Employer agrees to pay the Hearing Examiner for his services rendered pursuant
hereto an annual base salary of$110,000, payable in bi-weekly installments.
10.A.b
Packet Pg. 296 Attachment: Hearing Examiner Employment Agreement 5.28.13 (8768 : Recommendation to approve a 2-year extension to the Employment
B. On the date that cost of living adjustment is granted generally to Collier County
employees, the Hearing Examiner's base salary shall be modified to reflect the cost of living
adjustment granted to other employees.
Section 4: Hours of Work
The Hearing Examiner shall work those hours necessary to fulfill his powers and duties
as set forth in the Hearing Examiner Ordinance. All duties required hereunder shall be performed
by the Hearing Examiner personally, or through the assistance of such employees as may be
made available from time to time by the County and concerning which the Hearing Examiner
shall assume full responsibility; provided, however, that nothing herein shall be deemed to
absolve the Hearing Examiner of personal responsibility for the duties set forth herein. The
manner and means of performance of the duties herein shall be determined by the Hearing
Examiner. All acts performed by the Hearing Examiner, 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 Hearing Examiner without authority of the County.
Section 5: Cellular Phone
The County shall provide a cellular phone and service for the Hearing Examiner's use.
Section 6: Benefits and Leave Time
The County will provide the same comprehensive benefits package to the Hearing
Examiner which is currently provided to other County employees. The Hearing Examiner will be
provided a lump sum amount of eighty (80) hours of vacation leave upon approval of the
employment agreement, and shall also accrue vacation and sick leave at the same frequency and
in the same manner as other County employees. The Hearing Examiner shall be eligible for all
County Holidays and Personal Leave time.
Section 7: Indemnification
In addition to that required under state and local law, the County shall defend, save
harmless, and indemnify Hearing Examiner against any tort, professional liability claim or
demand or other legal action, including costs and attorneys' fees relating thereto whether
groundless or otherwise, arising out of an alleged act or omission occurring in the performance
of Hearing Examiner's duties.
Section 8: Other Terms and Conditions of Employment
The parties shall fix any such other terms and conditions of employment as they may
determine from time to time, relating to the performance of Hearing Examiner, provided such
terms and conditions are not inconsistent with or in conflict with the provisions of this
Agreement or any other law.
2
10.A.b
Packet Pg. 297 Attachment: Hearing Examiner Employment Agreement 5.28.13 (8768 : Recommendation to approve a 2-year extension to the Employment
Section 9: 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) EMPLOYER: Board of County Commissioners
Collier County Government Center
3299 East Tamiami Trail, Third Floor
Naples, FL 34112
2) HEARING EXAMINER: Mark P. Strain
3675 Third Avenue NW
Naples, Florida 34120
Notices shall be deemed effective upon delivery or receipt.
Section 10: General Provisions
A. The text herein shall constitute the entire agreement between the parties.
B. This Agreement shall be binding upon and inure to the benefit of the heirs at law and
executors of Hearing Examiner .
C. This Agreement is a personal services contract and neither this Agreement nor
Hearing Examiner'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.
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
SIGNATURE PAGE TO FOLLOW
3
10.A.b
Packet Pg. 298 Attachment: Hearing Examiner Employment Agreement 5.28.13 (8768 : Recommendation to approve a 2-year extension to the Employment
IN WITNESS WHEREOF, the County has caused this Agreement to be signed and
executed on its behalf by its Chairman, and duly attested by its Clerk to the Board, and the
Hearing Examiner has signed and executed this Agreement, both in duplicate, the month, date
and year first above written.
ATTEST: , , BOARD OF COUNTY COMMISSIONERS
D'IGtIT.I!. IIpCK, Clerk COLLIER COUN Y, FLORIDA
11: l' '41T : cC____-4'A fmma_
Deputy Clerk 6. • , ESQ-
Atfitt U3 tQ;Lhairman'S CH A ID WOM A N
rJ
o,r,Th rt r - nq ,\r‘c.e. - Grog rrncxrl
HEARING EXAMINER:
Lzvtuity
Witness(signature) Mar P. Strain
Atn ll Lgkei
print n
26b./:Ezi;t7,
Witness (signature)
40 • UiA[or
print name)
Approve as • form
and legs' s . ' - cy:
II"
By:tit:
Jeff @ R I". .
tzkow
S,Cou 'i ttorney
c!; .. ,:
Cour y of COWER
f Yr:'; r
T
a
r
C ,,, - - -r
r
t '`
s
i
a b '
I CV.:§gt,i - `:,o rIty!
V
WII f t i ir,; ' ,5''?"c i l S 7
J31317,3y(ll l•"'w 1 t "?
l v)
J ...:ems
DWIGHT BROC \ C:_= 0Fi.::C., RT$'.
II I '
yLJ V -
r
4
10.A.b
Packet Pg. 299 Attachment: Hearing Examiner Employment Agreement 5.28.13 (8768 : Recommendation to approve a 2-year extension to the Employment
10.A.c
Packet Pg. 300 Attachment: First Extension 7.7.15 (8768 : Recommendation to approve a 2-year extension to the Employment Agreement for the Hearing
10.A.c
Packet Pg. 301 Attachment: First Extension 7.7.15 (8768 : Recommendation to approve a 2-year extension to the Employment Agreement for the Hearing
10.A.d
Packet Pg. 302 Attachment: Second Extension 3.28.17 (8768 : Recommendation to approve a 2-year extension to the Employment Agreement for the Hearing
10.A.d
Packet Pg. 303 Attachment: Second Extension 3.28.17 (8768 : Recommendation to approve a 2-year extension to the Employment Agreement for the Hearing
10.A.d
Packet Pg. 304 Attachment: Second Extension 3.28.17 (8768 : Recommendation to approve a 2-year extension to the Employment Agreement for the Hearing