Agenda 11/13/2012 Item #10D11/13/2012 Item 10.D.
OchsLeo
Subject: FW: Reconsiderations for the Nov 13th BCC meeting.
From: ColettaJim
Sent: Tuesday, November 06, 2012 10:25 AM
To: OchsLeo
Cc: KlatzkowJeff; Doug Rankin (drankinCasprintmail.com); CurryChris; SpringsPaula
Subject: Reconsiderations for the Nov 13th BCC meeting.
Leo Ochs
As pursuant to our Ordinance regarding reconsideration I am notice you that I would
like to have the following items from the October 23, 2012 Board of County
Commissioners agenda placed on the upcoming November 13, 2012 Board of County
Commissioners agenda for reconsideration. Please note that I did vote in the majority on
these agenda items.
10 -C Appointment of the Dist #5 member to the Collier County Planning Commission.
12 -B Recommendation to adopt a Resolution terminating the Employment Agreement
with the Executive Manager to the Board of County Commissioners.
14 -A -1 The Annual Performance Appraisal for the Airport Authority Executive Director.
Sincerely,
Jim Coletta
Commissioner, District 5
Collier County Board of County Commissioners
3299 Tamiami Trail East, Suite #303
Naples, FL 34112
Phone (239) 252 -8391 / Fax (239) 252 -3034
iimcoletta(@collierLyov.net
Executive Aide Paula Springs - (239) 252 -8097
Pa ulaSorines(W colliereov.net
Please note: Florida has a very broad public records law.
Most written communications to or from officials regarding county business are public records available to the public and media upon request Your e-mail communications may
therefore be subject to public disclosure.
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11/13/2012 Item 10.D.
EXECUTIVE SUMMARY
Recommendation to adopt a Resolution terminating the Employment Agreement with the
Executive Manager to the Board of County Commissioners.
OBJECTIVE: To terminate the Employment Agreement with the Executive Manager to the
Board of County Commissioners pursuant to Section 6 of the Employment Agreement.
CONSIDERATIONS: On May 25, 2010, the Board of County Commissioners (Board) entered
into an Executive Manager to the Board of County Commissioners Employment Agreement with
Ian Mitchell (copy attached). Section 6 of the Employment Agreement entitled "Termination
and Severance Pay" requires the following two -part process in order for the Board to terminate
the Employment Agreement.
". . . in the event the COUNTY desires to terminate EMPLOYEE during such time that
EMPLOYEE is willing and able to perform the duties of Executive Manager to the Board of
County Commissioner, COUNTY may do so only in the following manner:
1) A resolution in intent to terminate EMPLOYEE shall be adopted by an
affirmative vote of a three fifths majority of the entire membership of the Board
only after said resolution has been placed on the agenda of a regularly scheduled
Board meeting and where said agenda item has been included as a part of the
published agenda of the Board meeting.
2. Upon adoption of a resolution of intent to terminate EMPLOYEE, the
Board may consider the adoption of a resolution terminating EMPLOYEE at a
regularly scheduled meeting of the Board not less than fourteen (14) days
thereafter. The resolution terminating EMPLOYEE shall require an affirmative
vote of a three fifths majority of the entire membership of the Board for adoption.
In the event of termination, such termination shall be effective at such time and
upon such conditions as may be set by the Board in the resolution terminating
EMPLOYEE."
On September 26, 2012, the Board directed the County Attorney to review the Employment
Agreement for the purpose of initiating the termination process. On October 9, 2012, the Board
completed the first step in this process by adopting a Resolution confirming its intent to
terminate the Employment Agreement. The proposed Resolution is the second step in this
process.
Section 6. C. of the Employment Agreement sets forth the compensation due to the
employee as follows:
"C. In the event of termination in accordance with the procedures set forth in
Subsection 6.B, COUNTY agrees to pay EMPLOYEE, in addition to any amounts
then due EMPLOYEE, a lump sum cash payment equal to six (6) months
aggregate salary within ten (10) working days after the effective date of
termination.
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11/13/2012 Item 10.D.
EMPLOYEE shall also be compensated in accordance with CMA #5360 —
Leaves of Absence for all vacation, holidays, and other accrued benefits to date.
EMPLOYEE's individual health, dental and term life insurance and dependent
health insurance benefits shall be provided for a period of twelve (12) months
after termination."
If approved by the Board, the Termination would be effective immediately.
FISCAL IMPACT: Total fiscal impact is approximately $64,662.05, calculated as follows:
32,866.44 6 -month severance
2,500.00 Vacation Payout (this is an estimated amount, based on current balances)
23,790.90 Medical Insurance (family coverage) - $991.29 x 24 pay periods
429.12 Dental Insurance (single coverage) - $17.88 x 24 pay periods
538.08 Life Insurance = ($22.42 x 24 pay periods)
1,831.98 ER FRS (payable on 6 month's severance + vacation term pay @ 5.18 %)
2,705.53 ER SS & Medicare (@ 7.65% on severance and vacation term pay)
GROWTH MANAGEMENT PLAN IMPACT: None.
LEGAL CONSIDERATIONS: The proposed Resolution was drafted by the County Attorney,
is legally sufficient, and requires majority support for approval. -JAK
RECOMMENDATION: That the Board of County Commissioners adopts the attached
Resolution terminating the Employment Agreement with the Executive Manager to the Board of
County Commissioners.
PREPARED BY: Jeffrey A. Klatzkow, County Attorney
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11/13/2012 Item 10.D.
COLLIER COUNTY
Board of County Commissioners
Item Number: 10.D.
Item Summary: Request for reconsideration by Commissioner Coletta of Item 16K6
moved to Item 12B from the October 23, 2012 BCC Meeting titled: Recommendation to adopt
a Resolution terminating the Employment Agreement with the Executive Manager to the Board
of County Commissioners.
Meeting Date: 11/13/2012
Prepared By
Name: BrockMaryJo
Title: Executive Secretary to County Manager, CMO
11/6/2012 11:55:32 AM
Submitted by
Title: Executive Secretary to County Manager, CMO
Name: BrockMaryJo
11/6/2012 11:55:34 AM
Approved By
Name: OchsLeo
Title: County Manager
Date: 11/6/2012 12:22:11 PM
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