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Home My WebLink About2010-026 1 - i9 - I v EMPLOYMENT AGREEMENT BETWEEN INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS AND ALAN S . POLACKWICH THIS AGREEMENT made and entered into on January 19 , 2rida, a 0 political0bys and di between subdivision of the Board of County Commissioners and ount Indian River and Alan S . Polackwich,kwich, hereinafter called " County State of Florida, hereinafter called C y Attorney ," for employment commencing February 23 , 2010 . WITNESSETH : WHEREAS , Indian River County desires to employ the services of Alan S . Polackwich as County Attorney , and s to accept employment as Indian River County WHEREAS , Alan S . Polackwich desire Attorney , and eveloped a Senior Management Class within the WHEREAS , the State of Florida has d Florida Retirement System, and WHEREAS , the County Attorney has been designated a member of the Senior Management Class , and WHEREAS , designated membership in the Senior Management Class requires that : 1 ) employees serve at the pleasure of their employer, and 2) employees may not have a continuing contract, and WHEREAS , the County Attorney , as a County Officer works directly for the Board of County Commissioners , on of the mutual covenants herein contained , the NOW THEREFORE , in considerati parties agree as follows : SECTION i COUNTY ATTORNEY ' S DUTIES ll In consideration of County Attorney ' s employment by f Indian River County and hall the County , County Attorney not devote full time and attention to the practice of law on behalf undertake any compensated outside legal work, unless otherwise authorized by the County . e direction of he County Attorney ' s law practice on behalf of the County ho shall bdetermine undere the matters t the Board of County Commissioners of Indian River County , performed by County Attorney , and assigned to County oAttorney , the speci to be maintaineduties to be reasonable standards performance SECTION 2 . GENERAL POWERS OF THE COUNTY Subject to the Rules of Professional Conduct, as established and amended by the Supreme Court of Florida, and all applicable laws, regulations ,he timrules of court ,e and manner the County shall of the performancevoftall power to review all work performed ; to determine work, and to determine standards of performance , all of which shall be reasonable . SECTION 3 ., ETHICS UNLAWFUL CONDUCT AND ARRESTS A . County Attorney shall abide by and perform all assigned duties in accordance with the ethics of the legal profession and all federal , state , and county laws , regulations and ordinances regulating the practice of law . B . County Attorney shall immediately notify the County Commission within 3 days of contact when information has been filed by a prosecuting official against him/her, when indicted by a Grand Jury , or when arrested , for any offense or violation of law ; or if any disciplinary action is imposed by the Supreme Court of Florida including, but not limited to , probation, suspension, or disbarment . The Commission shall determine if it is in the best interests of the County to : 1 ) Retain County Attorney in his/her regular position pending court disposition ; and/or 2 ) Place County Attorney on leave with or without pay until such time as any charges al, dismissal , conviction, or other judicial action; are disposed of by trial , acquitt and/or 3 ) Initiate disciplinary action up to and including termination . In the event that County Attorney is retained pending the resolution of the charges , and pleads nolo contendere or guilty , or is found guilty of any job related offense or any offense that would adversely impact the County or the employment status of the Officer, or which would tend to affect the Officer ' s relationship to the job or fellow workers , or negatively reflect on the reputation of County government, County Attorney may be terminated from employment, without severance or compensation per Section 9 . Severance of this agreement . SECTION 4 . ANNUAL COMPENSATION For all services rendered County Attorney shall be paid a salary (base pay) of One Hundred Fifty Thousand and 00/ 100 Dollars ($ 1505000 . 00) annually , payable in 26 bi-weekly installments of $ 5 , 769 . 23 , as adjusted for necessary deductions . County Attorney ' s salary shall be increased by any cost-of- living increases granted other County employees and with the same effective date . Salary increases per Section 7 . Terms shall be adjusted as of the commencement date of this Agreement, unless otherwise authorized by monthly .In addition to salary , County Attorney ' s compensation includes a car allowance of $ 350 . 00 SECTION 5 . ADDITIONAL BENEFITS County provides employees with a number of benefits that are set forth in the Indian River County Administrative Policy Manual . These rights and benefits are available to County Attorney on the same terms and conditions that they are available to a full -time , regular non- contract employee ; provided, however, specific terms of this employment agreement shall control and govern if there is any conflict with benefits and rights afforded under the County Administrative Policy Manual . County Attorney shall accrue fifteen days of vacation leave annually in monthly installments of 9 . 38 hours . Vacation leave shall not accrue above the maximum allowed by the County Administrative Policy Manual . In addition, Continuing Legal Education as necessary to maintain certifications and Bar membership , and additional Continuing Legal Education deemed relevant or appropriate by County Attorney will be paid by County . The term "Continuing Legal Education" includes travel , lodging, and per diem expenses . County shall pay County Attorney ' s Florida Bar dues , Florida Bar section fees , board certification or recertification fees , and local bar association dues . County Attorney is included in the " Senior Management Service Class" of the Florida Retirement System . SECTION 6 . CONTRACT The County Attorney acquires no property rights in employment but has only contractual rights set forth or incorporated by reference in this employment agreement . SECTION 7 . TERMS This employment contract is for one year from the commencement date written above . The Contract is not continuing in nature and must be renewed on an annual basis . Renewals shall be under the same terms as this agreement or as otherwise agreed to by the parties , except that Section 4 . Annual Compensation may be increased . County shall provide County Attorney at least 30 days ' written notice in the event of non-renewal . SECTION 8 . TERMINATION A . This contract may be terminated at will by the County or by County Attorney upon 30 days ' written notice given to the other party . Any accrued annual leave and sick leave will be paid in full, less regular deductions , in the event a contract is terminated or not renewed . B . The Board of County Commissioners may also , for cause , terminate the employment of County Attorney at anytime whatsoever, by affirmative vote, of not less than three ( 3 ) members of the Board . County Attorney shall be entitled to a hearing before the Board if, within five (5 ) business days of termination, he so requests in writing to the Chairman of the Board of County Commissioners . In the event County Attorney is terminated for cause , County shall be under no obligation to pay severance or provide 30 days ' notice per Section 9 . Severance of this agreement . The term "for cause" shall be deemed to include : gross negligence in the handling of County affairs ; willful violation of the provisions of law; willfully disregarding a direct and lawful order, demand, or policy of the Board of County Commissioners ; conduct unbecoming a public employee ; habitual drug abuse ; conviction of a felony ; or conviction of any crime involving moral turpitude or relating to official duties ; or loss or suspension of license to practice law in the State of Florida. For the purposes of this paragraph, if the County Attorney pleads guilty or nolo contendere or if found guilty of a felony , he shall be deemed to have been convicted, notwithstanding a suspension of sentence or a withholding of adjudication . SECTION 9 . SEVERANCE If the County terminates this contract at any time or in the event of the County ' s failure to renew an employment agreement with County Attorney , County shall not be obligated to pay any severance or maintain County Attorney health insurance coverage or pay County Attorney health insurance premiums , provided, however, County shall provide no less than a 30 days ' notice of termination without cause . IN WITNESS WHEREOF , the parties have caused this agreement to be duly executed at Vero Beach on the date set forth above . Attest : J . K . Barton, Clerk INDIAN RIVER COUNT T Y Board of County Commissioners . By : C —� Peter D . O ' Bryarl , Ch irman BCC Approved : January 19 2_010 Date : / - LQ ' / 4 COUNTY ATTORNEY oted : r 1. fP c¢ seph . Baird, Administrator V