HomeMy WebLinkAbout2023-130DEPUTY COUNTY ADMINISTRATOR
EMPLOYMENT AGREEMENT
This Agreement is made this 20th day of June, 2023 by and between John A.
Titkanich, Jr., in his capacity as County Administrator for Indian River County, Florida,
(hereafter "ADMINISTRATOR") and Michael C. Zito (hereafter "DEPUTY").
SECTION 1. EMPLOYMENT
ADMINISTRATOR hereby employs DEPUTY as an employee of Indian River
County, Florida ("County") as Deputy County Administrator for a period of three- y e a r s
commencing on the effective date of June 2nd, 2023.
SECTION 2. DEPUTY'S DUTIES
DEPUTY shall devote full time and attention to his duties on behalf of County.
DEPUTY shall not engage in compensated work except as an employee of County,
unless authorized by ADMINISTRATOR to do so.
ADMINISTRATOR shall determine the specific duties to be assigned to DEPUTY.
DEPUTY shall perform such duties in a diligent, competent and professional manner to
the reasonable satisfaction of ADMINISTRATOR.
SECTION 3. ETHICS OF DEPUTY
DEPUTY shall abide by and perform all assigned duties in accordance with the
ethical standards set forth in State law and County ordinances, regulations and policies.
SECTION 4. ANNUAL COMPENSATION
Upon the effective date of this Agreement, DEPUTY shall be paid an annual salary
$186,322.41 ("Salary"), payable in 26 bi-weekly installments of $7,166.25, as adjusted for
required deductions. DEPUTY'S salary shall be increased by any general wage increase
granted other County employees for the duration of this Agreement. Additionally,
DEPUTY shall be eligible to receive an Anniversary increase in years two and three
of this Agreement subject to the sole discretion of the County Administrator. DEPUTY
shall receive a car allowance in an amount equivalent to that granted to other County
employees receiving car allowances. DEPUTY shall be deemed to be an exempt
employee for the purposes of the Fair Labor Standards Act.
SECTION 5. INDIAN RIVER COUNTY ADMINISTRATIVE M A N U A L
Except as set forth herein, DEPUTY shall be subject to and entitled to the same
rights, responsibilities and benefits as other exempt County employees, as set forth in
the Indian River County Administrative Manual, as applied from time to time (Manual");
provided, however, that DEPUTY shall not be subject to Policy AM -807.1 (Disciplinary
Procedure) and Policy AM -807.2 (Offenses/ Disciplinary Pattern).
In exchange for giving up the rights set forth in Policy AM -807.1 and Policy AM -807.2,
DEPUTY shall be entitled to severance rights as set forth in Section 10 below.
SECTION 6. ADDITIONAL BENEFITS
In addition, County shall pay for DEPUTY'S continuing legal education, as
necessary to maintain membership in The Florida Bar and deemed relevant or
appropriate by ADMINISTRATOR. The term "continuing legal education" includes
program fees, travel, lodging, and per diem expenses. County shall pay DEPUTY'S
Florida Bar dues, relevant Florida Bar section fees, and Indian River County Bar
Association dues. DEPUTY shall be available by cell phone; County shall pay a cell
phone stipend of $85.00 per month to DEPUTY. DEPUTY shall accrue vacation leave at
the same rate as all other full-time county employees hired prior to October 1, 2011.
DEPUTY shall be included in the Senior Management Class of the Florida Retirement
System.
SECTION 7. NATURE OF EMPLOYMENT
DEPUTY acquires no property rights in employment as described in Policy AM -
807.01, but has only the contractual rights set forth or incorporated by reference in this
employment agreement.
SECTION 8. TERM
This employment agreement, c o m me n c i n g J u n e 2, 2 023 i s for three -
years from the effective date written above and shall be retroactively applied. The
agreement is not continuing in nature and must be renewed upon its natural
expiration basis. ADMINISTRATOR and DEPUTY shall meet and attempt in good faith
to resolve all renewal issues no later than 30 days prior to completion of the agreement
term; provided, however, that failure to do so shall not result in an extension or renewal
of this agreement.
SECTION 9. TERMINATION
This agreement may be terminated with or without cause by either party upon 60
days written notice delivered to the other party. At ADMINISTRATOR'S option, County
may pay 60 days Salary in lieu of notice.
SECTION 10. SEVERANCE
In the event that ADMINISTRATOR either (i) terminates this agreement without
cause, or (ii) fails without cause to renew this agreement on terms equally favorable to
DEPUTY, County shall pay DEPUTY a severance amount equal to 1 month of Salary for
each completed 2 years of employment, capped at 4 months of Salary, less required
deductions.
For the purposes of his agreement, the term "cause" shall mean any of the following: (i)
material breach of this contract, (ii) serious breach of a County policy or ordinance, (iii)
violation of any state or federal law reflecting a serious lack of honesty, character, or
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integrity, or (iv) any other serious misconduct adversely impacting the County or its
operations or reputation. In the event that a determination of cause depends solely on the
outcome of pending disciplinary, criminal or other such proceedings, County may defer
its decision on whether to pay severance until completion of such proceedings.
Regardless of whether a termination or failure to renew is with or without cause,
DEPUTY shall be paid accrued sick leave in accordance with the Manual; provided,
however, that DEPUTY was employed under a prior employment agreement which
provided that DEPUTY would be paid "in full" for accrued sick leave. DEPUTY shall be
paid in full for sick leave which accrued during the period of time that DEPUTY worked
under the prior employment agreement up to a maximum of 308 hours. DEPUTY shall
be paid accrued vacation leave in accordance with the Manual in effect at the time of
termination or failure to renew.
IN WITNESS WHEREOF, the parties have caused this agreement to be duly
executed at Vero Beach, Florida, as of the date set forth below.
COUNTY ADMINISTRATOR
All
GtM rZ '1,
John A. Titkanich, Jr.
DEPUTY COUNTY ADMINISTRATOR
Michael C. Zito
Approved as to legal form and sufficiency:
ylan Reingold, County Attorney
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Date: G ! Z4 A3
Date: C • z o - � 3