5/11/2017 12:04:15 PM
5/11/2017 12:04:15 PM
Official Document Type
Agenda Item Number
Dylan T. Reingold
County Attorney Employment Agreement
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B. Notwithstanding the requirement of 30 days written notice set forth above, <br /> the Board of County Commissioners may terminate the County Attorney's employment <br /> immediately, upon a finding by the Board of County Commissioners of good cause. For the <br /> purposes of this section, the term "good cause" shall mean any of the following: (a) loss by the <br /> County Attorney of his/her right to practice law in the State of Florida, (b) gross negligence in the <br /> performance of any duties set forth in section 3 above, or repeated failure to perform such duties <br /> in a professional, competent or timely manner, or (c) reasonable cause to believe that the County <br /> Attorney has violated the terms and conditions of this Agreement, including, without limitation, <br /> the ethical and legal standards of conduct set forth in section 4 above. <br /> C. In the event that the Board of County Commissioners terminates the County <br /> Attorney for good cause, the County Attorney shall have the right to request a hearing before the <br /> Board, which shall be held as soon as reasonably possible. The County Attorney shall exercise <br /> such right by delivering written notice requesting a hearing to the Chairman of the Board, within <br /> five business days of the Board's decision to terminate for good cause. In the event that the County <br /> Attorney prevails in such hearing, the Board's decision to terminate for good cause shall <br /> automatically be deemed to have been a 30 day notice of termination pursuant to subsection 7A <br /> above, and the County Attorney's sole remedy under this Agreement shall be payment of unpaid <br /> salary and benefits for the 30 day period following the Board's decision to terminate for good <br /> cause. <br /> D. Nothing in this section 8 shall be interpreted to prevent the Board of County <br /> Commissioners from imposing any other form of discipline short of termination,such as probation, <br /> suspension (with or without pay), etc. <br /> 9. No Property Rights. The County Attorney shall not acquire any property rights <br /> in employment or continued employment as a result of this Agreement,but shall obtain only those <br /> contractual rights described herein. <br /> 10. Interpretation. This Agreement has been submitted to the equal review and <br /> scrutiny of both parties, and both parties agree that it fairly and accurately sets forth the terms of <br /> their agreement. In any dispute between the parties, the Agreement shall be given a fair and <br /> reasonable interpretation, without consideration or weight being given to the fact that it was <br /> initially prepared or drafted by any particular party. <br /> 11. Severability. Each provision of this Agreement is deemed to be separate and <br /> divisible. If any provision shall be held invalid,the remaining provisions shall remain in full force <br /> and effect. <br /> 12. Governing Law. This Agreement shall be governed by and interpreted in <br /> accordance with the laws of the State of Florida. <br /> 13. Jurisdiction and Venue. Exclusive jurisdiction and venue for any proceedings <br /> arising out of or relating to this Agreement shall be in the county or circuit court sitting in Indian <br /> River County, Florida. <br /> F-IAtto-eyl,md.IGENERALICAOISt ffil)yt.n ROt gol&Cow—t(1017-1018).doa <br /> 3 <br />
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