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County Administrator's Report 9. 41.
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| BCC Regular Meeting |
Budget & Finance Consent |
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| RECOMMENDATION: |
Recommendation Concerning the Renewal of Merit System Protection Board Services Contract with V. Keith Wells, P.A., - Paulette Stallworth, Interim Human Resources Department Director - Stephan Hall, Budget Manager, Management and Budget Services
That the Board approve the Renewal of Services Contract with V. Keith Wells, P.A., and its board attorney, V. Keith Wells, based on the following terms:
A. Contract terms beginning October 1, 2019, through September 30, 2020, in the amount of $48,000;
B. Payment in the amount of $4,000 per month, with the first payment due in October, 2019; and
C. Authorize the Department, in conjunction with the Office of Purchasing to issue a Purchase Order as required.
Keith Wells acts as the Merit Services Protection Board's attorney and provides legal and administrative functions for the Merit System Protection Board in lieu of billing an hourly rate in accordance with County Ordinance No. 2012-11. |
| BACKGROUND: |
Keith Wells acts as the Merit Services Protection Board's attorney and provides legal and administrative functions for the Merit System Protection Board in lieu of billing an hourly rate.
The Merit System Protection Board (MSPB) was established in 2005 upon the sunsetting of the Escambia County Civil Service Board to provide an effective, systematic, and orderly method for the fair and equitable redress of certain employee appeals. The Ordinance states that the MSPB shall conduct quasi-judicial hearings involving involuntary demotions, suspensions without pay or terminations upon timely request of any classified employee who has successfully completed the required initial probationary period . These hearings are to determine whether or not to uphold the appealed disciplinary action of any eligible employee.
The MSPB shall include one (1) part-time Board Attorney (contract – one year renewable). The Attorney for the MSPB shall: (1) be a licensed member in good standing of the Florida Bar and a certified mediator in the State of Florida. Preference for employment will be given to attorneys certified by the Florida Bar in Labor and Employment Law, (2) Attend the meetings of the MSPB and act as legal counsel to the Board in accordance with his or her one-year renewable contract with the Board, (3) Attend appeals hearings and act as hearing office for the Board, (4) Serve as mediator on employee disputes, (5) Conduct informal voluntary mediation conferences in an effort to resolve appealable actions taken against classified employees by participating Appointing Authorities, (6) Make evidentiary rulings and rulings on motions subject to being overruled by the Board, (7) Defend or prosecute all legal MSPB actions, including appeals to the Circuit Court and other courts, on behalf of the MSPB, and (8) Upon direction of the MSPB, subpoena witnesses and compel the production of documents, including, but not limited to, books, papers, audio-visual tapes, and computer-generated information, pertinent to any investigation or hearing authorized by MSPB Rules and Procedures.
These guidelines are codified in Ordinance No. 2012-11 and revised April 17, 2012. |
| BUDGETARY IMPACT: |
| N/A |
| LEGAL CONSIDERATIONS/SIGN-OFF: |
| The Renewal Contract for Services does not need legal sign off as directed by the County Attorney's Office. |
| PERSONNEL: |
| N/A |
| POLICY/REQUIREMENT FOR BOARD ACTION: |
| Board policy requires purchase orders $25,000 and over to now be approved by the Board. |
| IMPLEMENTATION/COORDINATION: |
| N/A |
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