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HIGHLANDS COUNTY BOARD OF COUNTY COMMISSIONERS Thursday, November 30, 2017 4:00 PM 600 S. Commerce Ave. Sebring, FL 33870 AGENDA 1 MEETING CALLED TO ORDER: Invitation to fill out "citizens not on the agenda" forms. Please silence all cell phones and devices. 2 INVOCATION 3 PLEDGE OF ALLEGIANCE 4 ACTION: 4.A Consideration of the continuation or termination of the Employment Agreement of June Fisher, County Administrator Joy Cook Carmichael, Assistant County Attorney The fiscal impact is undetermined 10-23-12 (June Fisher).pdf 4.B Consideration of matters related to the Office of the County Administrator, including, if necessary, the filling of any vacancy in the position of County Administrator Joy Cook Carmichael, Assistant County Attorney The fiscal impact is unknown at this time. 5 CITIZENS NOT ON THE AGENDA 6 ADJOURN Any person who might wish to appeal any decision made by the Board of County Commissioners of Highlands County, Florida, in public hearing or meeting is hereby advised that he will need a record of the proceedings, and for such purpose may need to ensure that a verbatim record of the proceedings is made which will include the testimony and evidence upon which such appeal is to be based. The Board of County Commissioners of Highlands County, Florida, does not discriminate upon the basis of any individual's disability status. This non-discrimination policy involves every aspect of the Board's functions, including one's access to, participation, employment or treatment in its programs or activities. Anyone requiring reasonable accommodation as provided for in the Americans with Disabilities Act or Section 286.26 Florida Statutes should contact Ms. Tasha Morgan, ADA Coordinator at: 863-402-6842 (Voice), or via Florida Relay Service 711, or by e-mail: [email protected] . Requests for CART or interpreter services should be made at least 24 hours in advance to permit coordination of the service. PLEASE NOTE OUR WEB SITE ADDRESS: For more information on the meeting, see the County Commission page online: www.hcbcc.net Any invocation that may be offered before the official start of the Commission meeting shall be the voluntary offering of a private citizen, to and for the benefit of the Commission. The views or beliefs expressed by the invocation speaker have not been previously reviewed or approved by the Commission, and the Commission is not allowed by law to endorse the religious beliefs or views of this, or any other speaker. 1

HIGHLANDS COUNTY BOARD OF COUNTY ......HIGHLANDS COUNTY BOARD OF COUNTY COMMISSIONERS Thursday, November 30, 2017 4:00 PM 600 S. Commerce Ave. Sebring, FL 33870 AGENDA 1 MEETING CALLED

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Page 1: HIGHLANDS COUNTY BOARD OF COUNTY ......HIGHLANDS COUNTY BOARD OF COUNTY COMMISSIONERS Thursday, November 30, 2017 4:00 PM 600 S. Commerce Ave. Sebring, FL 33870 AGENDA 1 MEETING CALLED

HIGHLANDS COUNTY BOARD OF COUNTY COMMISSIONERSThursday, November 30, 2017

4:00 PM600 S. Commerce Ave. Sebring, FL 33870

AGENDA

1 MEETING CALLED TO ORDER: Invitation to fill out "citizens not on the agenda" forms. Please silence all cell phones and devices.

2 INVOCATION

3 PLEDGE OF ALLEGIANCE

4 ACTION: 4.A Consideration of the continuation or termination of the Employment Agreement of

June Fisher, County AdministratorJoy Cook Carmichael, Assistant County Attorney The fiscal impact is undetermined10-23-12 (June Fisher).pdf

4.B Consideration of matters related to the Office of the County Administrator, including, ifnecessary, the filling of any vacancy in the position of County AdministratorJoy Cook Carmichael, Assistant County Attorney The fiscal impact is unknown at this time.

5 CITIZENS NOT ON THE AGENDA

6 ADJOURN Any person who might wish to appeal any decision made by the Board of County Commissioners of Highlands County, Florida, inpublic hearing or meeting is hereby advised that he will need a record of the proceedings, and for such purpose may need to ensurethat a verbatim record of the proceedings is made which will include the testimony and evidence upon which such appeal is to bebased. The Board of County Commissioners of Highlands County, Florida, does not discriminate upon the basis of any individual'sdisability status. This non-discrimination policy involves every aspect of the Board's functions, including one's access to,participation, employment or treatment in its programs or activities. Anyone requiring reasonable accommodation as provided for inthe Americans with Disabilities Act or Section 286.26 Florida Statutes should contact Ms. Tasha Morgan, ADA Coordinator at:863-402-6842 (Voice), or via Florida Relay Service 711, or by e-mail: [email protected]. Requests for CART or interpreterservices should be made at least 24 hours in advance to permit coordination of the service. PLEASE NOTE OUR WEB SITEADDRESS: For more information on the meeting, see the County Commission page online: www.hcbcc.net

Any invocation that may be offered before the official start of the Commission meeting shall bethe voluntary offering of a private citizen, to and for the benefit of the Commission. The views orbeliefs expressed by the invocation speaker have not been previously reviewed or approved bythe Commission, and the Commission is not allowed by law to endorse the religious beliefs orviews of this, or any other speaker.

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Page 2: HIGHLANDS COUNTY BOARD OF COUNTY ......HIGHLANDS COUNTY BOARD OF COUNTY COMMISSIONERS Thursday, November 30, 2017 4:00 PM 600 S. Commerce Ave. Sebring, FL 33870 AGENDA 1 MEETING CALLED

HIGHLANDS COUNTYCOUNTY COMMISSION AGENDA ITEM

DATE OF ACTION REQUEST: November 30, 2017

PRESENTER: Joy Cook Carmichael, Assistant County Attorney

SUBJECT/TITLE: Consideration of the continuation or termination of the Employment Agreementof June Fisher, County Administrator

STATEMENT OF ISSUE

Pursuant to Article V, Section 2.53 of the Code of Ordinances of Highlands County Florida, the Board will considerwhether to continue or terminate the contract of June Fisher, County Administrator

RECOMMENDED ACTION

Move to continuate or terminate the Employment Agreement of June Fisher, County Administrator

FISCAL IMPACT

The fiscal impact is undetermined

Attachments: 10-23-12 (June Fisher).pdf

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Page 3: HIGHLANDS COUNTY BOARD OF COUNTY ......HIGHLANDS COUNTY BOARD OF COUNTY COMMISSIONERS Thursday, November 30, 2017 4:00 PM 600 S. Commerce Ave. Sebring, FL 33870 AGENDA 1 MEETING CALLED

June Fisher Employment Agreement

EMPLOYMENT AGREEME:r-.l

THIS AGREEMENT, made and entered into as of this~day of October, 2012, by and

between HIGHLANDS COUNTY, a politicaJ subdivision of the State of Florida, acting by and

through its Board of County Commissioners, (hereinafter referred to as the "COUNTY") and

JUNE FISHER, (hereinafter referred to as "FISHER".)

WITNESSETH

WHEREAS, the COl.JNTY is authorized to employ qualified personnel and is desirous of

doing so; and

WHEREAS, employment of qualified individuals is in the best interest of the COUNTY

and its citizens; and

WHEREAS, the COUNTY desires to employ the services of FISHER as County

Administrator of Highlands County as authorized by Article IV of Chapter 2 of the Code of

Ordinances, Highlands County, Florida, and Chapter 125, Florida Statutes, (as each may from time

to time be amended) and to provide for compensation, employee benefits and to establish the tenns

and conditions of FISHER's employment; and

WHEREAS, it is the desire of the COUNTY to:

J. Secure and retain the services of FISHER as County Administrator of Highlands

County and to provide inducement for her to remain in that employment, and

2. Make possible full work productivity by assuring FISHER's morale and peace of

mind with respect to future security, and

3. Provide a just means for terminating FISHER's services at such time as the

COUNTY or FISHER may deem appropriate; and

WHEREAS, FISHER desires to accept employment as County Administrator of Highlands

County under the terms and conditions set forth herein.

NOW THEREFORE, in consideration of the premises, and of the mutuaJ promises

hereinafter set forth and for other good and valuable consideration, the receipt and sufficiency of

which are hereby acknowledged, the COUNTY and FISHER agree as follows:

~~ ,ry~ ~ ~

3

Page 4: HIGHLANDS COUNTY BOARD OF COUNTY ......HIGHLANDS COUNTY BOARD OF COUNTY COMMISSIONERS Thursday, November 30, 2017 4:00 PM 600 S. Commerce Ave. Sebring, FL 33870 AGENDA 1 MEETING CALLED

June Fisher Employment Agreement

I. DUTIES AND RESPONSIBILITIES; HOURS OF WORK.

a. The COUNTY hereby agrees to employ FISHER and FISHER hereby accepts

employment as County Administrator of Highlands County to perform the functions

and duties specified in Article IV of Chapter 2 of the Code of Ordinances. Highlands

County, Florida, and Chapter 125, Florida Statutes, (as each may from time to time

be amended), and to perform such other legal and proper duties and functions as the

COUNTY shall, from time to time, assign.

b. FISHER agrees to perform all duties and responsibilities faithfully, industriously,

and to the best of her ability and in a professional and competent manner.

c. Except as otherwise provided in this subparagraph, I']SHER shall remain in the

exclusive employ of the COUNTY and shall devote all such time, attention,

knowledge and skills necessary to faithfully perform her duties under this

Agreement. This paragraph shall not be construed to prohibit occasional speaking

engagements provided they are not for compensation, nor shall it be construed to

prohibit FISHER from serving on any appointed boards of any professional

organization, or from serving on any committees related to her professional

activities. In the event FISHER shall serve on any appointed boards or elected

boards of any professional organization, or serve on any committees related to her

professional activities, and in the event any monies are paid, or gifts received, by

FISHER related to that service, that money or property shall be paid over to or

delivered to the COUNTY, unless otherwise provided by the COUNTY.

d. FISHER shall dedicate no less than an average of forty (40) hours per week in the

performance of her duties hereunder. It is recognized that FISHER may, from time

to time, based upon the circumstances, work more than forty (40) hours per week

and wi II often devote a great deal of her time outside normal office hours to do

business of the COUNTY; to that end, FISHER will be allowed to set her own office

hours provided: (\) that the business of the COUNTY shall take priority; (2) that the

work schedule maintained by FISHER shall have no adverse effect upon COUNTY

operations; and (3) that the "normal" office hours of FISHER shall be Monday

through Friday, 8:00 O'Clock a.m. to 5:00 O'Clock p.m.

2

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Page 5: HIGHLANDS COUNTY BOARD OF COUNTY ......HIGHLANDS COUNTY BOARD OF COUNTY COMMISSIONERS Thursday, November 30, 2017 4:00 PM 600 S. Commerce Ave. Sebring, FL 33870 AGENDA 1 MEETING CALLED

June Fisher Employment Agreement

e. Nothing herein shall be construed to require the payment to FISHER of overtime or

compensatory time.

f. FISHER shall, as a condition of employment and as a material basis for this

Agreement, maintain her residence in Highlands County, during the Term of this

Agreement.

g. In the event FISHER is temporarily unable to perform her duties, the COUNTY

may, at the COL'NTY's sole discretion, designate an Acting County Administrator.

2. TE~'VI.

a. This Agreement shall commence on October...k!L, 2012, at 8:00 A.M., (hereinafter

the "Commencement Date") and continue and remain in effect until terminated as

provided herein. The time period beginning with the Commencement Date and

ending on the effective date of termination of this Agreement, as provided herein, is

hereinafter referred to as the "Term".

b. Nothing in this Agreement shall limit, prevent or otherwise interfere with the right

of the COt'NTY to terminate the services of FISHER at any time, subject only to

the provisions set forth in paragraph 6 of this Agreement. Article IV of Chapter 2 of

the Code of Ordinances, Highlands County, Florida, and Section 125.73(2), Florida

Statutes.

c. Nothing in this Agreement shall limit, prevent or otherwise interfere with the right

of FISHER to resign at any time from her position with the COL'Nl'Y, subject only

to the provision set forth in paragraph 7 of this Agreement.

d. FISHER agrees to remain in the exclusive employ of the COUNTY during the Term

of this Agreement and agrees not to become employed by any other employer during

the term of this Agreement, except to the extent allowed by paragraph I of this

Agreement.

3. SALARY.

a. The COUNTY agrees to pay FISHER for services rendered pursuant to this

Agreement an annual base salary of ONE HL'NDRED THIRTY FOUR

THOUSAND DOLLARS ($134,000.00), which shall be payable in equal

installments at the same time as general employees of the COUNTY are paid.

3

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Page 6: HIGHLANDS COUNTY BOARD OF COUNTY ......HIGHLANDS COUNTY BOARD OF COUNTY COMMISSIONERS Thursday, November 30, 2017 4:00 PM 600 S. Commerce Ave. Sebring, FL 33870 AGENDA 1 MEETING CALLED

June Fisher Employment Agreement

b. Any increase in salary or benefits shall be at the sole discretion of the COUNTY.

The COUNTY will conduct a salary review in conjunction with a perfonnance

evaluation of FISHER, which will be completed annually on or before October 15th.

The evaluation shall be in such form as the COUNTY deems appropriate.

c. Within thirty (30) days of receipt of the written evaluation, FISHER shall have the

option of scheduling an agenda item to be heard at a regularly scheduled County

Commission meeting, for the purpose of providing FISHER an adequate opportunity

to discuss the COUNTY's evaluation of her.

4. BENEFITS.

a. Automobile. FISHER is required to be on call to perform her duties pursuant to this

Agreement, twenty-four hours a day, seven (7) days a week. In recognition orthat

obligation, the COUNTY shall, during the Tenn of this Agreement, at the option of

FISHER, either pay FISHER a monthly automobile allowance of FOUR

HUNDRED FIFTY DOLLARS ($450.00) or furnish to FISHER the use of an

automobile, which shall be at the disposal of FISHER, subject to the Vehicle Usc

Policy adopted by the Board of County Commissioners of the COUNTY then in

effect, twenty-four hours a day, seven (7) days a week. If the COUNTY furnishes

an automobile, FISHER shall use that automobile only on COUNTY business and

for COUNTY purposes, provided, however, that F1SHER may be allowed to drive

that automobile to and from work and FISHER may be allowed to keep that

automobile overnight at FISHER's residence, and the COTJ:.!TY shall be responsible

for the purchase of automobile insurance, fuel, maintenance, repair, and periodic

replacement.

b. Cell Phone. The COUNTY shall provide FISHER with a cell phone for COUNTY

business use or, at FISHER's election, the same monetary stipend paid to COTJ:.!TY

employees pursuant to the COUNTY's cell phone policy, as in effect from time to

time.

c. Professional Development. The COUNTY shall pay for the professional dues and

subscriptions of FISHER as are reasonable and necessary for her continuation and

full participation in national, stale and local professional organizations necessary

4

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Page 7: HIGHLANDS COUNTY BOARD OF COUNTY ......HIGHLANDS COUNTY BOARD OF COUNTY COMMISSIONERS Thursday, November 30, 2017 4:00 PM 600 S. Commerce Ave. Sebring, FL 33870 AGENDA 1 MEETING CALLED

June Fisher Employment Agreement

and desirable for her continued professional participation and growth and for the

good of the COUNTY, as may be approved in the COUNTY's annual budget.

d, Travel. Subject to Stale law, the COUNTY shall pay the transportation within the

State of Florida, meals, lodging, and registration fees and, if approved in advance by

the Chainnan of the Board of County Commissioners of the COUNTY,

transportation outside the State of Florida of FISHER for professional and official

travel, meetings, and occasions as are reasonable and necessary to continue the

professional development of FISHER and to attend necessary official functions and

other functions desirable for the good of the COUNTY, subject to available funding

approved in the COUNTY's annual budget.

e. Retirement. The COUNTY shall pay the costs of FISHER's participation in the

"Senior Executive Class" of the Florida Retirement System; provided, however, that

FISHER may elect not to participate in the Florida Retirement System. In that event,

the COUNTY shall fund the retirement system of FISHER's choice, up the

maximum cost to the COUNTY of FISHER's participation in the "Senior Executive

Class" of the Florida Retirement System. The COUNTY shall also pay, as an

employer contribution, to a deferred investment plan account designated by

FISHER, FIVE THOUSAND DOLLARS ($5,000.00) during each year of the Tenn,

in equal installments at the same time as salary is paid to FISHER pursuant to

paragraph 3.a. ofthis Agreement.

f. Annual Leave. FISHER shall annually accrue fifteen (15) days of annual leave per

year, of which at least five (5) days must be taken consecutively each year. FISHER

must use at least one-half of her annual leave every year and may carry over the

remainder, subject to the same limitations on carry-over of annual leave as are

applicable to general employees of the COUNTY. Subject to those limitations,

accumulated annual leave will be paid to FISHER upon tennination of her

employment.

g. Sick Leave. FISHER shall have the same number of days of sick leave as general

employees of the C01JNTY. Upon tennination of employment, FI SHER shall be

reimbursed for unused sick leave in the same manner as general employees of the

COUNTY.

5

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Page 8: HIGHLANDS COUNTY BOARD OF COUNTY ......HIGHLANDS COUNTY BOARD OF COUNTY COMMISSIONERS Thursday, November 30, 2017 4:00 PM 600 S. Commerce Ave. Sebring, FL 33870 AGENDA 1 MEETING CALLED

June Fisher Employment Agreement

h. Holidays. FISHER is entitled to the same paid holidays as general employees of the

COUNTY.

1. Insurance Coverage.

(I) The COUNTY shall provide medical insurance benefits for FISHER in the

same manner that the COUNTY provides that insurance for general

employees of the COL'NTY. FISHER shall be entitled to purchase any

dependant coverage for family, at her sole expense. FISHER shall be entitled

to such other insurance benefits (such as dental insurance and life insurance)

as are provided to general employees of the COUNTY.

(2) The COUNTY shall furnish and provide FISHER with insurance protection

including comprehensive general liability, errors and omissions coverage,

any surety bonds required and public official liability applicable to all acts of

FISHER arising out of her employment in such amounts as shall be

determined by the COUNTY. In addition, COUNTY agrees to pay for the

costs of defense of FISHER arising out of any suits connected with her

employment and any settlement thereof, unless it is found that FISHER was

acting in gross negligence or with malicious intent.

5. OTHER TERMS AND CONDITIONS OF EMPLOYMENT.

a. The COUNTY shall fix any other terms and conditions of employment as it may

determine from time to time relating to the needs of the COUNTY or the

performance of FISHER, provided those tenns and conditions are not inconsistent

with or in conflict with the provisions of this Agreement or any ordinance or law.

b. All COl:'NTY Ordinances, as they now exist or may be amended, shall apply to

FISHER in addition to those items mentioned in this Agreement. All provisions of

the Personnel Rules and Regulations adopted from time to time by the Highlands

County Board of County Commissioners shall govern FISHER except to the extent

they are in contlict with this Agreement.

c. The Code of Ethics of the International City/County Managers Association

(hereinafter referred to as the "ICMA"), as amended from time to time, shall

constitute principles to govern FISHER's conduct and actions as County

Administrator for the COUNTY,

6

8

Page 9: HIGHLANDS COUNTY BOARD OF COUNTY ......HIGHLANDS COUNTY BOARD OF COUNTY COMMISSIONERS Thursday, November 30, 2017 4:00 PM 600 S. Commerce Ave. Sebring, FL 33870 AGENDA 1 MEETING CALLED

June FISher Employment Agreement

6. TERMINATION BY THE COUNTY.

a. FISHER shall serve at the pleasure of the COUNTY, and the COUNTY may

terminate this Agreement and FISHER's employment with the COUNTY at any

time, for any reason or for no reason. Subject to the provisions of Article IV of

Chapter 2 of the Code of Ordinances, Highlands County, Florida, and Section

125.73(2), Florida Statutes, the COUNTY may terminate FISHER at any time, with

or without cause, by an affirmative vote, upon not less than seven (7) days notice, of

not less than three members of the Board of County Commissioners of the

COUNTY, after a hearing if requested by FISHER. If FISHER desires a hearing,

FISHER shall request that hearing not less than twenty-four (24) hours prior to the

meeting at which the termination will be considered, as set forth in the notice.

b. Should a majority of the Board of County Commissioners vote to terminate the

services of FISHER "without cause", then within forty-five (45) calendar days

following that vote, the COCNTY shall pay to FISHER any accrued and unpaid

salary, any accrued and unpaid annual leave, and any used, but not yet paid, sick

leave, calculated as provided in paragraphs 3 and 4 of this Agreement. The

COUNTY shall also pay to FISHER a lump sum severance pay equal to: (1) the

number of weeks of her base salary required by this subparagraph, less related

deductions required by law, and (ii) the cost of number of weeks of health insurance

coverage for FISHER required by this subparagraph based upon the cost of the

medical insurance provided by the COUl\ 'TY to FISHER pursuant to paragraph

4.i.(I) of this Agreement, as full and complete payment and satisfaction of any

claims of FISHER of any and every nature arising out of this Agreement or

otherwise, and as consideration for that payment, FISHER shall, upon tender of

payment by the COUNTY to FISHER and prior to receipt thereof by FISHER,

execute and deliver to the COUNTY a general release of the COUNTY and its

elected officials, officers, agents, and employees for all acts and actions (whether

accrued or subsequently accruing) from the beginning of time until the date of

release, that release to be prepared by the County Attorney. For purposes of making

the calculation of the lump sum severance payment required by this subparagraph,

the number of weeks shall be twenty (20) weeks if the majority vote to terminate is

7 Ij.I-rI 9

Page 10: HIGHLANDS COUNTY BOARD OF COUNTY ......HIGHLANDS COUNTY BOARD OF COUNTY COMMISSIONERS Thursday, November 30, 2017 4:00 PM 600 S. Commerce Ave. Sebring, FL 33870 AGENDA 1 MEETING CALLED

June Fisher Emp!oyment Agreement

prior to the first anniversary of the Commencement Date, nineteen (19) weeks if the

majority vote to terminate is on or after the first anniversary and prior to the second

anniversary of the Commencement Date, eighteen (18) weeks if the majority vote to

terminate is on or after the second anniversary and prior to the third anniversary of

the Commencement Date, seventeen (17) weeks if the majority vote to terminate is

on or after the third anniversary and prior to the fourth anniversary of the

Commencement Date, sixteen (16) weeks if the majority vote to terminate is on or

after the fourth anniversary and prior to the fifth anniversary of the Commencement

Date, fifteen (15) weeks if the majority vote to terminate is on or after the fifth

anniversary and prior to the sixth anniversary of the Commencement Date, fourteen

(14) weeks if the majority vote to terminate is on or after the sixth anniversary and

prior to the seventh anniversary of the Commencement Date, thirteen (13) weeks if

the majority vote to terminate is on or after the seventh anniversary and prior to the

eighth anniversary of the Commencement Date, twelve (12) weeks if the majority

vote to terminate is on or after the eighth anniversary and prior to the ninth

anniversary of the Commencement Date, eleven (II) weeks if the majority vote to

terminate is on or atter the ninth anniversary and prior to the tenth anniversary of the

Commencement Date, and ten (10) weeks if the majority vote to terminate is on or

after the tenth anniversary of the Commencement Date,

c. In the event fISHER is terminated for "just cause," the COUNTY shall have no

obligation to pay the amounts described in subparagraph b of this paragraph 6. For

purposes of this Agreement, 'Just cause" is defined as follows:

(1) Misfeasance, malfeasance andior nonfeasance in performance of FISHER's

duties and responsibilities.

(2) Conviction or a plea of guilty or no contcst to any misdemeanor or felony

crime, whether or not adjudication is \vithheld.

(3) Neglect of duty, including the inability or unwillingness to properly

discharge the responsibilities of office.

(4)

(5)

Violation of any substantive COUNTY policy, rule, or regulation, which

would subject any other COUNTY employee to termination.

10

Page 11: HIGHLANDS COUNTY BOARD OF COUNTY ......HIGHLANDS COUNTY BOARD OF COUNTY COMMISSIONERS Thursday, November 30, 2017 4:00 PM 600 S. Commerce Ave. Sebring, FL 33870 AGENDA 1 MEETING CALLED

June Fisher Employment Agreement

(6) The commission of any act which involves moral turpitude, or which causes

the COUNTY to be held in disrepute.

(7) Dishonesty, theft, or falsifYing records.

(8) Reporting to work under the influence of intoxicants or controlled

substances.

(9) Sexual, verbal, or physical harassment of any employee of the COl.iNTY.

(I 0) Violation of the lCMA Code of Ethics.

(II) Misconduct, as defined in Section 443.036(30), Florida Statutes.

(12) Any other act of a similar nature of the same or greater seriousness.

d. In the event the COUNTY, at any time during the Term of this Agreement, reduces

the salary or other benefits of FISHER in a greater percentage than an equivalent

across-the-board reduction for all full-time COUNTY employees, or in the event the

COUNTY refuses to comply with any other material provision of this Agreement

benefiting FISHER, FISHER shall notifY the COUNTY in writing of the alleged

violation. The COUNTY shall have forty-five (45) days from that notice within

which to cure the violation, and if the violation is not cured within that forty-five

(45) day period FISHER may, at her option, deem that violation to have been

termination "without cause" as of the date of that reduction or refusal, and the

severance pay provision and other termination provisions contained herein shall

become applicable at the annual salary and benefit level in effect prior to the

reduction or refusal.

e. Pursuant to Section 215.425(4)(a), Florida Statutes, severance pay, as that term is

defined in Section 215.425(4)(d), Florida Statutes, provided pursuant to this

Agreement may not exceed an amount greater than twenty (20) weeks of

compensation, and provision of severance pay is prohibited when FISHER has been

fired for misconduct, as defined in Section 443.036(30), Florida Statutes, by the

COGNTY.

7. TERMINATION BY FISHER. FISHER may terminate this Agreement at any time by

delivering to the Board of County Commissioners of the COLJ'NTY a written notice of

termination not later than sixty (60) days prior to the effective date of the termination. If

FISHER terminates this Agreement, or voluntarily resigns, then the COLJ'NTY shall have no

9 1/b#- 11

Page 12: HIGHLANDS COUNTY BOARD OF COUNTY ......HIGHLANDS COUNTY BOARD OF COUNTY COMMISSIONERS Thursday, November 30, 2017 4:00 PM 600 S. Commerce Ave. Sebring, FL 33870 AGENDA 1 MEETING CALLED

June Fisher Employment Agreement

obligation to pay any severance pay to FISHER. The COUNTY shall pay to FISHER any

accrued and unpaid salary, any accrued and unused annual leave, and any used, but not yet

paid, sick leave up to FISHER's final day of employment, calculated as provided in

paragraphs 3 and 4 of this Agreement, and the COUNTY shall have no further financial

obligation to FISHER pursuant to this Agreement or otherwise.

8. GENERAL PROVISIONS.

a. Severability. Should any term or provision of this Agreement be held, to any extent,

invalid or unenforceable, as against any person, entity or circumstance during the

Term hereof. by force of any statute, law, or ruling of any forum of competent

jurisdiction, that invalidity shall not affect any other teon or provision of this

Agreement, and this Agreement shall remain operable, enforceable and in full force

and effect to the extent permitted by law.

b. Entire Agreement. This Agreement states the entire understanding between the

parties and supersedes any written or oral representations, statements, negotiations,

or agreements to the contrary. FISHER recognizes that any representations,

statements or negotiations made by COUNTY representatives do not suffice to

legally bind the COUNTY in a contractual relationship unless reduced to writing

and approved by the Board of County Commissioners of the COUNTY.

c. Construction. Should any provision of this Agreement be subject to judicial

interpretation, it is agreed that the court interpreting or considering that provision

shall not apply any presumption or rule of construction that the terms of this

Agreement be more strictly construed against the party which itself or through its

counselor other agent prepared this Agreement, as all parties hereto have

participated in the preparation of the final form of this Agreement through review by

their respective counsel, if any, and/or the negotiation of specific language, and,

therefore, the application of any such presumption or rule of construction would be

inappropriate and contrary to the intent of the parties.

d. Attorney's Fees. In the event of any litigation to enforce the leons of this

Agreement, the prevail ing party shall be entitled to reasonable attorney's fees and

costs which are directly attributed to that litigation both at the trial and appellate

level.

]0 12

Page 13: HIGHLANDS COUNTY BOARD OF COUNTY ......HIGHLANDS COUNTY BOARD OF COUNTY COMMISSIONERS Thursday, November 30, 2017 4:00 PM 600 S. Commerce Ave. Sebring, FL 33870 AGENDA 1 MEETING CALLED

June Fisher Employment Agreement

e. Death. Should FISHER die during the Term of this Agreement, this Agreement and

the COUNTY's obligations under this Agreement shall tenninate as of FISHER's

death; provided, however, that payment of all life insurance benefits shall be made

in accordance with the COliNTY's insurance policies or plans and the COl.J'NTY

shall pay to FISHER's estate any accrued and unpaid salary, any accrued and unpaid

annual leave, and any used, but not yet paid, sick leave due FISHER up to

FISHER's final day of employment, calculated as provided in paragraphs 3 and 4 of

this Agreement, and all workers compensation benefits, if any, which may be due

and payable, and the COUNTY shall have no further financial obligation to

FISHER, FISHER's estate, or FISHER's heirs, executors, assigns, or any person or

entity claiming by, through, or on behalf of FISHER, pursuant to this Agreement or

otherwise.

f. Public records. All documents, papers, letters, or other material made hy or

received by FISHER in connection with this Agreement shall be considered public

records under Chapter 119, Florida Statutes. Should FISHER assert any exemptions

to the requirements of Chapter 119 and related statutes, the burden of establishing

that exemption, by way of injunctive or other relief as provided by law, shall be

upon FISHER. Failure by FISHER to grant that public access shall be grounds for

immediate unilateral cancellation of this Agreement by the COUNTY.

g. Waiver. The waiver by either party of a breach of any provision of this Agreement

by the other shall not operate or be construed as a waiver of any subsequent hreach.

h. Headings. All headings are for clarification only and are not to be used in any

judicial construction of this Agreement or any paragraph.

i. Binding Nature of Agreement. This Agreement shall be binding upon the

successors and assigns of the parties hereto.

J. Law; Venue. This Agreement is being executed in Highlands County, Florida and

shall be governed in accordance with the laws of the State of Florida. Highlands

County, Florida, shall be the venue of any action thereon.

k. Assignment; Personal nature of Agreement. FISHER hereby warrants that he has

the necessary expertise and training to perform her duties as outlined in this

Ag_." lb, p"",," ~k"~l,,~g, iliOl rn. COUNTY pl~," goO] "';M~ f 9iL@L 13

Page 14: HIGHLANDS COUNTY BOARD OF COUNTY ......HIGHLANDS COUNTY BOARD OF COUNTY COMMISSIONERS Thursday, November 30, 2017 4:00 PM 600 S. Commerce Ave. Sebring, FL 33870 AGENDA 1 MEETING CALLED

June Fisher Employment Agreement

emphasis upon the knowledge, expertise and personal abilities of FISHER.

Accordingly, this Agreement is personal and FISHER shall not assign or delegate

any rights or duties hereunder without the specific written consent of the COUNTY.

\. Effective Date. The Effective Date of this Agreement shall be the last date it is

executed by either of the parties to this Agreement.

WI

rTNESS as to F HER

ATTEST:

ermaine. Clerk Board of County Commissioners Highlands County, Florida

JUNE FI ER

HIGHLANDS COUNTY, a political subdivision of the State of Florida

and year first

By: Its Board of County Commissioners

BYC2d'~~ __ ~ichie, Chairman

Dated:~~/Yj2-0)Z

F: \Files \COUN'?'f\ADMIN::STRATOR\ t"isher, June \Fisher Empl:>Y7.!ent Agreemen~ 10212-2. pdf

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Page 15: HIGHLANDS COUNTY BOARD OF COUNTY ......HIGHLANDS COUNTY BOARD OF COUNTY COMMISSIONERS Thursday, November 30, 2017 4:00 PM 600 S. Commerce Ave. Sebring, FL 33870 AGENDA 1 MEETING CALLED

HIGHLANDS COUNTYCOUNTY COMMISSION AGENDA ITEM

DATE OF ACTION REQUEST: November 27th, 2017

PRESENTER: Joy Cook Carmichael, Assistant County Attorney

SUBJECT/TITLE: Consideration of matters related to the Office of the County Administrator,including, if necessary, the filling of any vacancy in the position of CountyAdministrator

FISCAL IMPACT

The fiscal impact is unknown at this time.

Attachments:

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