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HomeMy WebLinkAbout040912_ca06 JEFFERSON COUNTY BOARD OF COUNTY COMMISSIONERS CONSENT AGENDA REQUEST TO: Board of County Commissioners FROM: Philip Morley, County Admini~trato DATE: April 9, 2012 RE: Employment Agreement for Carl Smith as Director of Community Development STATEMENT OF ISSUE: County Commissioner approval is requested of the attached Employment Agreement for Carl Smith as Director of Community Development. Mr. Smith has been selected to be the next Director of Jefferson County's Department of Community Development after an extensive recruitment and candidate evaluation process, including a public interview the Board of County Commissioners conducted with Mr. Smith on April 2, 2012. ANALYSIS: As Director of the Department of Community Development Mr. Smith fills a critical position serving the citizens of Jefferson County, left vacant by the retirement of Al Scalf. Carl Smith brings over ten years of senior management experience directing community development departments for local government in Alaska and Washington. He has a track record of success working with diverse community interests, helping property owners and communities fu1fi1l their visions, and successfully balancing individual property rights with protection for neighboring properties and a shared environment. Mr. Smith is presently Lands Manager for Pang- Vik a native village corporation in Naknek, Alaska, and served as Planning Director for Bristol Bay Borough Alaska He held a management position with the Port of Tacoma, and before that, directed planning and permitting for the cities of Fife, Woodinville, and Mountlake Terrace. Mr. Smith holds a Master's Degree in Environmental Planning and a Bachelor's Degree in Biological Science. Mr. Smith holds certification from the American Institute of Certified Planners, is a LEED Accredited Professional, and holds numerous other professional certifications. A resident of Quilcene, he is already familiar with Jefferson County. FISCAL IMPACT: Since this position was vacant for the first four months of 20 12, funding for the position is well within the 2012 adopted County Budget for the Department of Community Development. RECOMMENDATION: Approve the attached Employment Agreement. vl.02- Date EMPLOYMENT AGREEMENT CARL SMITH TIllS AGREEMENT is made and entered into this 9th day of April, 2012 by and between Jefferson County, Washington, a municipal corporation, hereinafter called 'Employer,' and Carl Smith hereinafter called 'Employee,' both of whom agree as follows: WITNESSETH: WHEREAS, Employer desires to retain the services of said Carl Smith as Jefferson County's Director of Community Development; and WHEREAS, it is the desire of the Board of County Commissioners of Jefferson County Washington, on behalf of the Employer, to provide certain benefits, establish certain conditions of employment and to set working conditions of said Employee; and WHEREAS, it is the desire of the Employer to (1) secure and retain the services of Employee and to provide inducement for him to remain in such employment, (2) to make possible full work productivity by assuring Employee's morale and peace of mind with respect to future security, (3) to act as a deterrent against malfeasance or dishonesty for personal gain on the part of Employee, and (4) to provide a just means for terminating Employee's services; and WHEREAS, Employee desires to accept employment as Director of Community Development for Jefferson County, Washington; NOW, THEREFORE, in consideration of the mutual covenants herein contained, the parties agree as follows: Section 1. Duties Employer hereby agrees to employ said Carl Smith as the Director of Community Development for Jefferson County to perform the functions and duties as specified in the Job Description for the Director of Community Development as presently adopted and as may be amended in the future, and as specified in state law and by the Ordinances of said County, and to perform other legally permissible and proper duties and functions as the Employer or its designee shall assign from time to time. Section 2. Term 1. Employee shall be employed for an indefinite term commencing on May 1, 2012, and shall serve at the pleasure of the County Administrator. Employee shall be considered an "at-will" employee of the Employer. 2. Nothing in this agreement shall prevent, limit or otherwise interfere with the right of the Employer to terminate the services of Employee at any time, subject only to the provisions set forth in Section 3 of this agreement Page 1 of8 Carl Smith Employment Agreement 3. Nothing in this agreement shall prevent, limit or otherwise interfere with the right of the Employee to resign at any time from his position with Employer, subject only to the provision set forth in Section 3, paragraph 5, of this agreement 4. Employee is hereby granted continuing employment statos with Employer and agrees to remain in the exclusive employ of the Employer and neither to accept other employment nor to become employed by any other employer except as provided herein. 5. The term "employed" shall not be construed to include occasional teaching, writing or consulting service performed on employee's own time off, provided they are consistent with Chapter 42.23 RCW and Jefferson County's Code of Ethics. Section 3. Termination and Severance 1. In the event Employer no longer wishes to avail itself of the services of Employee, Employer shall endeavor to give Employee one (1) month advance notice so that he may obtain suitable employment elsewhere. In such case, the Employer shall provide Employee time off and/or other flexibility in work duties as may be necessary to seek other employment 2. After the evaluation period, should the Employee be terminated by the Employer without cause during such time that Employee is willing and able to perform his duties under this agreement, then the Employer agrees to pay Employee, as severance, a cash payment equal to three (3) months of Employee's then current annual compensation, including salary and the amount paid by Employer for Employee's health, dental and vision coverage. Such payment shall fully and finally release the Employer from any and all further obligations to Employee under this Agreement Further, the payment of said severance is expressly conditioned upon the Employee and the Employer executing an employment release and settlement agreement in a form that is mutually agreeable to the Employer and the Employee. Any severance shall be paid in a lump sum within thirty (30) days of termination unless otherwise agreed to by Employer and Employee. 3. In the event Employee is terminated for cause, Employer shall have no obligation to pay the aggregate severance sum designated in this section. 4. If the Employee resigns following an offer to accept resignation, whether formal or informal, by the Employer as representative of the majority of the Board of County Commissioners, then the Employee may declare a termination. If such a termination is declared, then the provisions of Section 3, Subsection 2 shall apply to this declared termination. 5. The Employee shall give Employer one (1) month notice in advance of his voluntarily resignation from the appointed position, unless the parties otherwise agree. Page 2 of8 Carl Smith Employment Agreement Section 4. Salarv 1. Employer agrees to start Employee on the Exempt Salary Matrix at Grade 21, Step 5 ($76,044.24 annually). 2. Annual step increases will be provided in the same manner as other Exempt employees of the Employer pursuant to the salary rates of the Exempt Salary Matrix. Section 5. Performance Evaluation 1. Employee shall have a six (6) month evaluation period. In the event extenuating circumstances interrupt the evaluation period or result in unsatisfactory completion, the County Administrator may extend the evaluation period for up to an additional 6 (six) months. Employee may be terminated without notice and without cause during the evaluation period or at its completion. Performance of Employee will be evaluated in writing by the County Administrator at least once every 3 (three) months during the evaluation period. The County Administrator shall review the performance of Employee at the end of the trial period and may document successful completion of the evaluation period by approving a Payroll Status Change Form, a copy of which will be placed in Employee's employment personnel file. 2. The County Administrator shall review and evaluate the performance of Employee in writing at least once every 12 (twelve) months from the date of employment. Section 6. Hours of Work It is recognized that Employee may be required to devote time outside normal office hours, and to that end Employer recognizes that there will be occasions at which Employee will work non- traditional hours. Both parties recognize that Employee is an Exempt employee as defined by the Fair Labor Standards Act. Section 7. Automobile If Employee is required through circumstance to use their own automobile for business Employee is entitled to receive mileage allowance in accordance with the Personnel Administration Manual,Appendix "D" - Travel and Transportation Policy and Procedures. Section 8. Office Eauiument Employee's duties require that he shall have unrestricted use at all times during employment with Employer of a personal computer, including hardware, software and printer and shall be subject to the same use restrictions as outlined in the Jefferson County Personnel Administration Manual and County policy. Page 3 of8 Carl Smith Employment Agreement Section 9. Personal Time Off. Holidavs. and Bereavement 1. As of May 1,2012, employee's starting Personal Time Off (p.T.O.) account will be credited with 80 hours (10 days). 2. Personal Time Offis in lieu of vacation and sick leave. In addition to the starting P.T.O. account balance above, P.T.O. shall be earned., accrued, used and administered pursuant to Chapter 6 Section 3.0 of the Jefferson County Personnel Admini.,tration Manual, and shall accrue monthly on a pro rated basis. Use ofP.T.O. during Employee's evaluation period is limited and by approval of the County Administrator. In the event Employee leaves County employment during the evaluation period, the P.T.O. bank is not eligible for cash out. 3. Employee shall be entitled to holidays pursuant to Chapter 6 Section 4.0 of the Jefferson County Personnel Administration Manual. This includes one (1) floating non-accruing holiday banked on Employee's anniversary date. 4. Employee may avail himself to the same consideration with regard to bereavement leave as is afforded all other general employees of employer. 5. Refer to Chapter 6 section 3.5.3 of the Jefferson County Personnel Administration Manual for the P.T.O. Banking and cash out policy. Section 10. Disabilitv. Health and Life Insurance Benefits Employer agrees to put into force and to make required premium payments for Employee for health and welfare benefits under the terms and conditions afforded other Exempt staff of Jefferson County. Employer will pay COBRA premiums for Employee until Employer's health coverage for Employee becomes effective. Section 11. Retirement Employee shall be a contributing member of the Washington State Public Employees Retirement System (PERS) and Social Security in the same manner afforded all other Exempt staff of Jefferson County, and Employer shall make employer contributions as afforded all other Exempt staff of the Employer. Section 12. Dues and Subscrintions Employer agrees to pay for the professional dues and subscriptions of Employee necessary for his full participation in national, state and local chapters of the American Planning Association and the American Institute of Certified Planners for his continued professional participation, growth and advancement, and for the good of the Employer, as budgeted. Page 4 of8 Carl Smith Employment Agreement Section 13. Professional Development Employer agrees pay the registration, travel and subsistence expenses of Employee for meetings and conferences of professional associations, state, and regional groups of which Employee serves as a member, as budgeted funds allow. Time while at such meetings and conferences is considered time worked. Section 14. General Expenses Employer recognizes that certain expenses of a non-personal and generally job-affiliated nature are incurred by Employee, and hereby agrees to reimburse or to pay said general expenses and the County Auditor is hereby authorized to disburse such monies upon receipt of du1y executed expense or petty cash vouchers, receipts, statements or personal affidavits. Such payments are to be regu1ated by the disbursement ru1es of Employer. Section 15. Civic Club Memberships Employer recognizes the desirability of representation in and before local, civic and other organ;7ations, and Employee is authorized to become a member of various civic groups at his own expense under the same provisions as other employees of the Employer. Section 16. Indemnification and Bond 1. Employer shall defend, save harmless and indemnify Employee against any tort, professional liability claim or demand or any other legal action, whether groundless or otherwise, arising out of an alleged act or omission occurring in the performance of Employee's duties resu1ting from the exercise of judgment or discretion in connection with the performance of duties or responsibilities, unless the act or omission involve willful or wanton conduct. The Employee may request and the Employer shall indemnify Employee against any and all losses, damages, judgments, interest, settlements, fines, court costs and other reasonable costs and expenses of legal proceedings including attorney's fees, and any other liabilities incurred by, imposed upon, or suffered by such Employee in connection with or resu1ting from any claim, action, suit, or proceeding, actual or threatened, arising out of or in connection with the performance ofhis duties. Any settlement of any claim against Employee individually must be made with prior approval of the Employer for indemnification, as provided in this Section, to be available. Further, Employer agrees to pay all reasonable litigation expenses of Employee throughout the pendency of any litigation to which the Employee is a party, witness or advisor to the Employer. Such expense payments shall continue beyond Employee's service to the Employer as long as litigation is pending. Further, Employer agrees to pay Employee reasonable consu1ting fees travel expenses when Employee serves as a witness, advisor or consu1tant to Employer beyond Employee's service to the Employer regarding pending litigation. 2. Employer shall bear the full cost of any fidelity or other bonds required of the Employee under any law or ordinance. Page 5 of8 Carl Smith Employment Agreement Section 17. Other Terms and Conditions ofEmnlovment I. The Employer, in consultation with the Employee, shall :fix any such other terms and conditions of employment, as it may determine from time to time, relating to the performance of Employee, provided such terms and conditions are not inconsistent with or in conflict with the provisions of this agreement, the ordinances, or any other law. 2. All provisions of the Code of Ordinances, and regulations and rules of the Employer relating to personal time o~ holidays and other fringe benefits and working conditions as they now exist or hereafter may be amended, also shall apply to Employee as they would to other Exempt employees of Employer, in addition to said benefits enumerated specifically for the benefit of Employee except as herein provided. Section 18. No Reduction of Benefits Employer shall not at any time during the term of this agreement reduce the salary, compensation or other financial benefits of Employee, except to the degree of such a reduction across-the-board for all management employees of the Employer. Section 19. Notices 1. Notices pursuant to this agreement shall be given by deposit in the custody of the United States Postal Service, certified mail, postage prepaid, addressed as follows: EMPLOYER: Jefferson County, Washington County Administrator P.O. Box 1220 Port Townsend, Washington 98368 EMPLOYEE: Carl Smith 71 Chickadee Lane P.O. Box 868 Quilcene, WA 98376 Either party shall notify the other in writing as to a change in address, and that address shall be substituted for pmposes of mailed notice under this subsection. 2. Alternatively, notices required pursuant to this agreement may be personally served in the same manner as provided by law. Notice shall be deemed given as of the date of personal service or as of the date of deposit of such written notice in the course of transmission in the United States Postal Service. Page 6 of8 Carl Smith Employment Agreement Section 20. General Provisions 1. The text herein shall constitute the entire agreement between the parties. 2. This agreement shall be binding upon and inure to the benefit of the heirs at law and executors of Employee. 3. Upon ratification, this agreement shall become effective May 1,2012. 4. If any provision, or any portion thereof, contained in this agreement is held unconstitutional, invalid or unenforceable, the remainder of this agreement, or portion thereof, shall be deemed severable, shall not be affected and shall remain in full force and effect. 5. Jefferson County, as a political subdivision and local government of the State of Washington, is subject to the Public Records Act, codified at Chapter 42.56 RCW, and as such this Agreement (and any attachments) is a "Public Record" subject to that state law. 6. Any amendment to this agreement must be in writing and executed by all parties. REMAINDER OF PAGE INTENTIONALLY BLANK Page 7 of8 Carl Smith Employment Agreement Section 21. Exuiration This agreement shall renew automatically on May 1 of every year beginning on May 1, 2013, unless either the Employer or Employee terminate the Agreement in a manner consistent with Section 3 of this Agreement If termination of this Agreement is undertaken by either party to this Agreement in a manner consistent with Section 3 of this Agreement and if the terms of Section 3 and this Section are in conflict, then the terms of Section 3 shall control. IN WITNESS WHEREOF, the Board of County Commissioners has caused this agreement to be signed and executed and duly attested by its Clerk and the Employee has signed and executed this agreement the day and year first written above. EXECUTED this 9th day of April, 2012. EMPLOYER: BOARD OF COMMISSIONERS EMPLOYEE: John Austin, Chair Carl Smith ATTEST: APPROVED AS TO FORM ONLY: cD~ Raina Randall, Deputy Clerk of the Board David Alvarez, Deputy Pro Page 8 of8