Okaloosa County BOCC — September 16, 2014 — reading text

follows: 1. RECITALS. The above recitals are true and correct and incorporated by reference into this Agreement. 2. EFFECTIVE DATE. Effective October 2, 2014, JOHN HOFSTAD shall be appointed Interim County Administrator for Okaloosa County, Florida, and shall have full authority to perform all such duties and functions of the position of County Administrator as set forth in Florida law or the Ordinances, Resolutions and Policies of Okaloosa County. 3. COMPENSATION. During the period of service as Interim County Administrator, JOHN HOFSTAD’s salary with Okaloosa County shall be increased from his current annual salary of $107,868.80 to the amount of $124,934.40 per year. The pro rata amount of such compensation shall be paid to John Hofstad for the period of time that he serves as Interim County Administrator, all in accordance with the normal pay procedures of the County and subject to all required withholdings. Packet Pg. 1035  4. TERMS. The term of this Agreement shall be for a period of ninety (90) days. Such term may be terminated at any time by action of the Board of County Commissioners or upon the appointment of an individual as permanent County Administrator. Additionally, the parties may agree for various extensions of the term of JOHN HOFSTAD’s services as Interim County Administrator as agreed to by the Parties. Upon termination of this Agreement, in the event that JOHN HOFSTAD is not appointed permanent County Administrator, he shall return to his position of Director of Public Works at the same salary and benefits as he was entitled to prior to assuming the position of Interim County Administrator. To the extent that JOHN HOFSTAD would have been entitled to a modification of salary or benefits had he remained in the position of Director of Public Works, then upon the reassuming that position, he will be entitled to any such adjustment. 5. BENEFITS. For his services as Interim County Administrator, JOHN HOFSTAD shall be entitled to all benefits as an employee of Okaloosa County and shall continue to have the use of a vehicle owned by Okaloosa County for the provision of his job responsibilities. 2 Packet Pg. 1036  IN WITNESS WHEREOF, the parties have executed this Agreement on the date and year first above written. ATTEST: OKALOOSA COUNTY, FLORIDA By: Clerk of the Court Charles K. Windes, Jr., Chairman WITNESS JOHN HOFSTAD 3 Packet Pg. 1037  BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST DATE: September 16, 2014 TO: Honorable Chairman and Members of the Board FROM: Rick Owen SUBJECT: Resolution for Quasi-Judicial Proceedings DEPARTMENT: County Administrator BCC DISTRICT: All Request Board approval of attached proposed Resolution adopting a procedure for quasi-judicial proceedings heard by all Boards, Councils or Commissions. Also attached is Exhibit A, which is attached is the exhibit for the Resolution and sets forth the proposed process. RECOMMENDED BY: APPROVED BY: Ernie Padgett, County Administrator Packet Pg. 1038  RESOLUTION 14-_____ A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF OKALOOSA COUNTY; ESTABLISHING UNIFORM PROCEDURES FOR THE CONDUCT OF QUASI-JUDICIAL HEARINGS; PROVIDING AN EFFECTIVE DATE. WHEREAS, the provisions of section 286.0115, Florida Statutes authorizes the adoption of various procedures for the conducting of quasi-judicial hearings; and WHEREAS, the adoption of such procedures and applying them uniformly to all Boards, Councils and Commissions of Okaloosa County establishes appropriate standards for the conduct of quasi-judicial proceedings; and WHEREAS, the application of such procedures allows the full and fair hearing of matters addressed in quasi-judicial proceedings; and WHEREAS, the application of such procedures removes and eliminates any presumption of prejudice in the conducting of quasi-judicial hearings and assures a full and fair determination of the issues. NOW BE IT RESOLVED, by the Board of County Commissioners of Okaloosa County as follows: 1. The Board does hereby adopt the procedures for the conducting of quasi- judicial proceedings which are attached hereto as Exhibit “A”. 2. Such procedures shall apply to all boards, councils and commissions of Okaloosa County which hear quasi-judicial proceedings. 3. The Board determines that the application of such procedures shall eliminate any presumption of prejudice resulting from communication or information received by members of the any board, council or commission that shall hear any quasi- judicial matter. 4. This Resolution shall take effect upon adoption. 1 Packet Pg. 1039  DULY ADOPTED THIS 16th day of September, 2014. BOARD OF COUNTY COMMISSIONERS OF OKALOOSA COUNTY, FLORIDA Charles K. Windes, Jr. Chairman ATTEST: CLERK OF THE CIRCUIT COURT OKALOOSA COUNTY, FLORIDA Gary J. Stanford Deputy Clerk 2 Packet Pg. 1040  EXHIBIT “A” UNIFORM PROCEDURES FOR QUASI-JUDICIAL PROCEEDINGS The following procedures shall be applicable to all quasi-judicial proceedings heard by any Board, Council or Commission of Okaloosa County. A “quasi-judicial” proceeding is one in which there is an application of rules, statutes, policies, procedures or regulations to a specific applicant, person or property. To the extent that there is any uncertainty as to whether a procedure constitutes a quasi-judicial proceeding, then the matter should be addressed to the County Attorney. In all quasi-judicial proceedings: 1. The matter before the respective Board, Council or Commission (the “Decision Makers”) shall be announced. 2. All persons who will present testimony or evidence to the Decision Makers shall be sworn prior to their testimony or presentation of evidence. The oath may be administered by the Chairman, the County Attorney or any notary public. 3. Any expert witness shall submit a resume establishing his or her qualifications as part of the record. Staff that will be providing expert testimony may file their resume with the respective Board, Council or Commission and such resume shall be deemed to be part of the record and have continuing application to all matters that they provide testimony and evidence. 4. EX PARTE COMMUNICATION: A. Each Decision Maker shall be requested to identify any and all contact that they may have had related to the subject matter of the quasi-judicial proceeding and they shall disclose any verbal or written communication that they have received related to the subject matter of the quasi-judicial proceeding regardless if such communication came from the applicant, staff or any other person. B. Additionally, any Decision Maker that has conducted an investigation, site visit or received expert opinion related to the subject matter of the quasi-judicial proceeding shall disclose the nature of the investigation, site visit or expert opinion received. C. The disclosure of such verbal or written communication, or that a Decision Maker has conducted an investigation, site visit or received expert opinion related to the subject matter of the quasi-judicial proceeding shall mean that such verbal and written communication and site visit, investigation or expert opinion shall be presumed to not be prejudicial. 1 Packet Pg. 1041  D. Any written communication or expert opinion which has been received by a Decision Maker outside of the proceeding shall be made part of the record. 5. Staff and the Applicant (or its representative) shall be considered the parties to the proceedings and may be cross examined by the other party. Individuals who provide testimony or evidence but are not part of staff or representing the Applicant shall not be considered parties to the proceeding and may not cross examine any other witnesses. However, they may be questioned by the parties to the proceeding. 6. The Decision Makers may question any person who provides testimony or evidence before the Board, Council or Commission. 2 Packet Pg. 1042  BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST DATE: September 16, 2014 TO: Honorable Chairman and Members of the Board FROM: Rick Owen SUBJECT: Niceville Public Meeting DEPARTMENT: County Administrator BCC DISTRICT: All Request the Board consider authorizing the notification of a meeting scheduled to occur on September 30, 2014 at the Niceville City Hall as a public meeting so as to meet the requirements of Florida Law or alternatively to authorize the designation of an individual Commissioner to attend the meeting. The Board is further requested to discuss actions that may be considered with regard to a Resolution concerning the meeting or the proposed content of the meeting. RECOMMENDED BY: APPROVED BY: Ernie Padgett, County Administrator Packet Pg. 1043