HomeMy WebLinkAbout2024-264ASSISTANT COUNTY ATTORNEY
EMPLOYMENT AGREEMENT
This Agreement is made and entered into as of this � day of October 2024, by and
between Jennifer W. Shuler as the County Attorney for Indian River County, Florida, (hereafter
"COUNTY ATTORNEY") and Christopher A. Hicks (hereafter "ASSISTANT ATTORNEY").
SECTION 1. EMPLOYMENT
The COUNTY ATTORNEY hereby employs the ASSISTANT ATTORNEY as an
employee of Indian River County, Florida ("County") for a period of three (3) years, effective
July 8, 2024.
SECTION 2. ASSISTANT COUNTY ATTORNEY'S DUTIES
The ASSISTANT ATTORNEY shall devote full time and attention to the practice of law
on behalf of County. The ASSISTANT ATTORNEY shall not engage in the compensated
practice of law except as an employee of County, unless authorized by the COUNTY
ATTORNEY to do so. ASSISTANT ATTORNEY shall be permitted to close out any open
cases or other legal matters pending because of ceasing his private practice. ASSISTANT
ATTORNEY shall receive three days of annual leave upon the signing of this Agreement to use
to conclude any cases left over from his private practice.
SECTION 3. ETHICS OF THE ASSISTANT ATTORNEY
The ASSISTANT ATTORNEY shall abide by and perform all assigned duties in
accordance with the Rules Regulating The Florida Bar, as established and amended from time to
time by the Supreme Court of Florida (including, without limitation, the Rules of Professional
Conduct) and all other ethical standards set forth in applicable laws, regulations, county
ordinances and rules of court.
SECTION 4. ANNUAL COMPENSATION
Beginning July 8, 2024, for all services rendered by ASSISTANT ATTORNEY,
ASSISTANT ATTORNEY shall be paid an annual salary of $122,500.04 (one hundred twenty-
two thousand, five hundred dollars and four cents) ("Salary"), payable in twenty-six (26) bi-
weekly installments of $4,711.54, as adjusted for required deductions. ASSISTANT
ATTORNEY's Salary shall be increased by any general or cost -of -living increases granted to
other full-time, non -contract employees of the County. ASSISTANT ATTORNEY shall be
deemed to be an exempt employee for the purposes of the Fair Labor Standards Act.
ASSISTANT ATTORNEY shall be eligible for a one time pay increase of 5% following
successful completion of a six-month probation period ending January 7, 2025, and on each
anniversary thereafter, a progression pay increase annually as provided in the Indian River Policy
Manual section AM — 304.1(5).
SECTION 5. INDIAN RIVER COUNTY ADMINISTRATIVE MANUAL
Except as set forth herein, ASSISTANT ATTORNEY 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 ASSISTANT ATTORNEY 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 ASSISTANT
ATTORNEY shall be entitled to severance rights as set forth in Section 10 below.
SECTION 6. ADDITIONAL BENEFITS
In addition, County shall pay for ASSISTANT ATTORNEY's continuing legal
education, as necessary to maintain membership in The Florida Bar. The term "continuing legal
education" includes program fees, travel, lodging, and per diem expenses. County shall pay
ASSISTANT ATTORNEY's Florida Bar dues, relevant Florida Bar section fees, Florida
Association of County Attorneys dues, and Indian River County Bar Association dues.
ASSISTANT ATTORNEY shall be included in the Regular Class of the Florida Retirement
System.
SECTION 7. NATURE OF EMPLOYMENT
ASSISTANT ATTORNEY 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 is for three (3) years from the commencement date written
above. The agreement is not continuing in nature and must be renewed. ASSISTANT
ATTORNEY shall schedule the renewal of his employment agreement as an item for
consideration by the COUNTY ATTORNEY at a meeting to be held no later than 30 days prior
to expiration of the then -existing term of the agreement.
SECTION 9. TERMINATION
This Agreement may be terminated with or without cause by either party upon sixty (60)
days written notice delivered to the other party. At COUNTY ATTORNEY's option, County
may pay sixty (60) days Salary in lieu of notice.
SECTION 10. SEVERANCE
In the event that the COUNTY ATTORNEY either (i) terminates this Agreement without
cause, or (ii) fails without cause to renew this Agreement on terms equally favorable to
ASSISTANT ATTORNEY, County shall pay ASSISTANT ATTORNEY a severance amount
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equal to one (1) month of Salary for each completed two (2) years of employment, capped at four
(4) months of Salary, less required deductions ("Cap Amount"); provided, however, that if
applicable law does not allow payment of said amount, then County shall pay ASSISTANT
ATTORNEY the maximum amount which is allowed by applicable law up to the Cap Amount.
For the purposes of this 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 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,
ASSISTANT ATTORNEY shall be paid accrued annual vacation and sick leave in accordance
with the Manual; provided, however, that to the extent that ASSISTANT ATTORNEY was
employed under a prior employment agreement which provided that ASSISTANT ATTORNEY
would be paid "in full" for such accrued ASSISTANT leave, ATTORNEY shall be paid in full
for such leave during the period of time that ASSISTANT ATTORNEY worked under such prior
employment agreement.
IN WITNESS WHEREOF, the parties have caused this Agreement to be duly executed
at Vero Beach, Florida, on the date set forth below.
ASSISTANT COUNTY ATTORNEY
In
A. Hicks
Date a�pr�ved: October 2. , 2024
COUNTY ATTORNEY
nnifer . Shuler
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