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HomeMy WebLinkAboutDavid Goldsmith, Interim Director of DCD, Amendment No. 1 - 1221151, TXy C, - ,I� I ---Y 1 QP AMENDMENT NO. 1 to PROFESSIONAL SERVICES AGREEMENT INTERIM DIRECTOR DEPARTMENT OF COMMUNITY DEVELOPMENT This Amendment No. 1 to the Professional Services Agreement: Interim Director Department of Community Development that was executed on September 8, 2015, is entered into between the COUNTY of Jefferson, a municipal corporation, hereinafter referred to as the "COUNTY", and David Goldsmith, a single person provider with no employees or associates, hereinafter referred to as the "CONSULTANT", in consideration of the mutual benefits, terms, and conditions hereinafter specified. A. "Section 4. Payment" is hereby amended as follows: 4. Payment. The CONSULTANT shall be paid by the COUNTY for services rendered under this AGREEMENT as follows: a. Payment for the work provided by the CONSULTANT shall be Nine Thousand Six Hundred dollars ($9,600) per calendar month, and shall be prorated at $600 per work day (and $300 per half work day) for any partial months worked as described in Exhibit A. The total amount of payment to CONSULTANT shall not exceed Fifty Four Thousand Eight Hundred Dollars ($54,800) without the express written modification of the AGREEMENT signed by the COUNTY and the CONSULTANT. b. CONSULTANT shall be reimbursed for allowable travel expenses (mileage, lodging, meals, etc.) in conformance with the Jefferson County Travel Policy. C. The CONSULTANT may submit invoices to the COUNTY once per month. All expenses shall be submitted on COUNTY provided reimbursement form. d. Payment as provided in this section shall be full compensation for work performed, services rendered and for all materials, supplies, equipment and incidentals necessary to complete the work. e. The CONSULTANT's records and accounts pertaining to this AGREEMENT are to be kept available for inspection by representatives of the COUNTY and State for a period of three (3) years after final payments. Copies shall be made available upon request. Amendment No. 1 David Goldsmith — Interim DCD Director Page 1 of 3 B. "Section 18. Termination" is hereby amended as follows: 18. Termination. a. This AGREEMENT shall terminate at the end of the performance period described in Section 3 of this AGREEMENT, but no later than March 31, 2016, unless extended by a written amendment to this AGREEMENT executed by both parties to this AGREEMENT. b. Either party may terminate this AGREEMENT at any time and without cause by providing fourteen (14) days written notice to the affected party. C. "Exhibit A: Scope of Services," is hereby amended as attached hereto, and incorporated herein. D. All other provisions of the original Agreement executed on XXXX, 2015, and its attachments, remain in full force and effect. IN WITNESS WHEREOF, the parties have caused this AMENDMENT NO. 1 to be executed this 21st day of December, 2015. Jefferson County Board of Co issioners uavia z3uiiivan, Lnair uaie ATTEST: Carolyn A ery Date Deputy Clerk of the Board David Goldsmith David Golds , CONSULTANT Date APPROVED AS TO FORM: 12:1/7)/ David Alvarez Date Chief Civil Deputy Prosecuting Attorney Amendment No. 1 David Goldsmith — Interim DCD Director Page 2 of 3 Exhibit A Scope of services By this AGREEMENT, CONSULTANT is hereby contracted with to perform the duties of Director of the Department of Community Development on an interim basis, so that the COUNTY may recruit a new permanent Director. CONSULTANT will perform the Interim Director of Community Development duties on a flexible schedule that will be up to four (4) days per week. CONSULTANT shall work a minimum of sixteen (16) days per calendar month at a compensation rate of $9,600 per month, and any days worked less than 16 days in a calendar month will reduce that month's compensation by $600 per day. The workday may be split into half-day segments at $300 per half day. CONSULTANT shall perform the functions, duties and responsibilities of the Director of Community Development position as described in the attached Job Description. CONSULTANT shall direct and manage department staff and budget. CONSULTANT shall plan for, direct, organize and provide leadership to the Jefferson COUNTY Department of Community Development, including but not limited to the Building Division, Long Range Planning, Design Review Division, and Administration as further described in the attached Job Description. During the Period of Performance, CONSULTANT is appointed as the Director of Planning, Chief Administrative Officer, Building Official, Code Enforcement Officer, Unified Development Code Administrator, SEPA Responsible Official, Subdivision Administrator, Shoreline Administrator, Zoning Administrator, Critical Areas Administrator, Flood Management Responsible Official, and/or the responsible administrative official as referenced or required by ordinance, unless otherwise _ delegated. Amendment No. 1 David Goldsmith — Interim DCD Director Page 3 of 3 JEFFERSON COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST TO: Board of County Commissioners s , FROM: Philip Morley, County Administrator, c DATE: December 21, 2015 RE: Amendment No. 1 to Professional Services Agreement Interim Director Department of Community Development; David Goldsmith; not to exceed $54,800 (increase of $22,700) STATEMENT OF ISSUE: Board of Commissioners approval is requested for the attached Amendment No. 1 to the professional services agreement with David Goldsmith as Interim Director of the Department of Community Development. ANALYSIS: Mr. Goldsmith has agreed to remain as Interim Director of DCD, while the County continues to recruit a permanent DCD Director to replace Carl Smith, who retired as Director of Community Development (DCD) on September 25, 2015. The enclosed Amendment No. 1 would extend the existing agreement through March 31, 2016, increase the total maximum compensation by $225700)for a 2015-2016 combined total of $54,800, and provide additional flexibility on days worked. FISCAL IMPACT: Services are compensated at $9,600 per month for a minimum of 16 days worked each month. DCD presently expends $9,541 per month in salary and benefits for the Director position, so the net cost to the department is only $59/month. RECOMMENDATION: Approve the proposed Amendment No. 1 to the Professional Services Agreement with David Goldsmith. RE t , ED BY: f, ✓ Phi ip Morle ,y Administrator Date CONTRACT REVIEW FORM CONTRACT WITH: David Goldsmith CONTRACT FOR: Amendment #1 - Interim Director of DCD TERM: Execution — 03/31/15 COUNTY DEPARTMENT: County Administrator Office V1Z ti For More Information Contact: Philip Morley x-383 Contact Phone #: DEC 16 2015 RETURN TO: Philip Morley RETURN BY: COUNTY�&�FERSON Person in De artment) l .. AMOUNT: Up to $54,800 PROCESS: (Increase of $22,700 from original) Revenue: Expenditure: Up to $54,800 Matching Funds Required: Sources(s) of Matching Funds Step 1: REVIEW BY Review by: Date Reviewed: Xf APPROVED FORM Comments Step 2: REVIEW BY 1PROSEC Review by:L Date Reviewed: ComXenAPPROVED AS TO FORM ❑ Com X Exempt from Bid Process Consultant Selection Process Cooperative Purchase Competitive Sealed Bid Small Works Roster Vendor List Bid RFP or RFQ X Other: Personal Services — Sole Source Returned for revision (See Comments TT Returned for revision (See Comments Step 3: (If required) DEPARTMENT MAKES REVISIONS & RESUBMITS TO RISK MANAGEMENT AND PROSECUTING ATTORNEY Step 4: CONTRACTOR/CONSULTANT SIGNS APPROPRIATE NUMBER OF ORIGINALS Step 5: SUBMIT TO BOCC FOR APPROVAL Submit originals and 6 copies of Contract, Review Form, and Agenda Bill to BOCC Office. Place "Sign Here" markers on all places the BOCC needs to sign. MUST be in BOCC Office by 4:40 p.m. TUESDAY for the following Monday's agenda. (This form to stay with contract throughout the contract review process.) id{mi`j- PERSONAL SERVICES AGREEMENT �(I ERIM DIRE TOR DEPARTMENT OF COMMUNITY DEVELOPMENT THIS AGREEMENT, is entered into between the COUNTY of Jefferson, a municipal corporation, hereinafter referred to as the "COUNTY", and David Goldsmith, a single person provider with no employees or associates, hereinafter referred to as the "CONSULTANT", in consideration of the mutual benefits, terms, and conditions hereinafter specified. 1. Project Desiclnation. The CONSULTANT is retained by the COUNTY as Interim Director for the Jefferson County Department of Community Development to perform professional services in connection with the Scope of Services, Exhibit A. 2. Scope of Services. CONSULTANT agrees to perform the Interim Director services identified on Exhibit A attached hereto. 3. Time of Performance. This AGREEMENT shall be in force upon receipt of fully executed AGREEMENT, through expiration or termination. Billable services under this AGREEMENT shall commence after successfully passing a criminal history background check and submitting an acceptable driving abstract on a date specified by the COUNTY in a written notice to proceed, through termination. The parties intend that the CONSULTANT will perform services under this AGREEMENT during an initial period of sixty (60) calendar days. This performance period may be extended one or more times by a letter mutually signed by the CONSULTANT and the County Administrator, for a period(s) not to exceed the AGREEMENT's termination date. 4. Payment. The CONSULTANT shall be paid by the COUNTY for services rendered under this AGREEMENT as follows: a. Payment for the work provided by the CONSULTANT shall be Nine Thousand Six Hundred dollars ($9,600) per calendar month, and shall be prorated at $600 per work day for any partial months worked as described in Exhibit A. The total amount of payment to CONSULTANT shall not exceed Thirty Two Thousand One Hundred Dollars ($32,100) without the express written modification of the AGREEMENT signed by the COUNTY and the CONSULTANT. b. CONSULTANT shall be reimbursed for allowable travel expenses (mileage, lodging, meals, etc.) in conformance with the Jefferson County Travel Policy. PSA David Goldsmith — Interim DCD Director Page 1 of 24 C. The CONSULTANT may submit invoices to the COUNTY once per month. All expenses shall be submitted on COUNTY provided reimbursement form. d. Payment as provided in this section shall be full compensation for work performed, services rendered and for all materials, supplies, equipment and incidentals necessary to complete the work. e. The CONSULTANT's records and accounts pertaining to this AGREEMENT are to be kept available for inspection by representatives of the COUNTY and State for a period of three (3) years after final payments. Copies shall be made available upon request. 5. Required Reporting. CONSULTANT shall report to the Jefferson COUNTY Administrator on a regular basis, to provide information regarding the status of activities assigned to CONSULTANT under this AGREEMENT. 6. operating Support and Expenses. During the duration of services under this AGREEMENT, COUNTY shall provide CONSULTANT with an office located at the County Department of Community Development with use of a dedicated COUNTY computer, printer, telephone and cell phone, and with the same access to other COUNTY facilities, equipment, supplies and support staff as would be provided to a department director employed by the COUNTY. COUNTY shall rrot be responsible for expenses incurred by CONSULTANT, excluding travel and subsistence, unless approved in writing by the County Administrator in advance. 7. Ownership and Use of Documents. All documents, drawings, specifications and other materials produced by the CONSULTANT in connection with the services rendered under this AGREEMENT shall be the property of the COUNTY. 8. Public Records. Records created by and received by CONSULTANT in the performance under this AGREEMENT are subject to applicable regulations under Washington State's Public Records Act (Chapter 42.17 RCW and COUNTY Resolution 39-06) and under Washington State's Records Retention laws (Chapter 40.14 RCW). Furthermore, under this AGREEMENT, the COUNTY is providing CONSULTANT with COUNTY computer and phones, and advises CONSULTANT to use them when conducting COUNTY business under this AGREEMENT. In the event CONSULTANT uses his personally -owned phones or computer for COUNTY business, records related to their use for COUNTY business may be subject to disclosure upon a public records request. 9. Compliance with Laws. CONSULTANT shall, in performing the services contemplated by this AGREEMENT, faithfully observe and comply with all federal, state, and local laws, ordinances, regulations, and County resolutions, applicable to the services to be rendered under this AGREEMENT. PSA David Goldsmith — Interim DCD Director Page 2 of 24 10. Indemnification. Using the same criteria as contained in RCW 4.96.041(2), the COUNTY, on finding the CONSULTANT was, or in good faith purported to be, within the scope of official duties as specked in this AGREEMENT shall indemnify, defend and hold harmless the CONSULTANT from and against any and all claims, losses or liability, or any portion thereof, arising from the execution of this AGREEMENT. The COUNTY's obligations under these provisions include, but are not limited to, investigating, adjusting and defending all claims alleging loss from action, error or omission, or breach by the COUNTY of any common law, statutory or other delegated duty. 11. Insurance. The CONSULTANT shall obtain and keep in force during the term of the AGREEMENT or as otherwise required, the following insurance with companies or through sources approved by the State Insurance Commissioner pursuant to RCW 48.05: a. Automobile insurance having coverage amounts of not less than $500,000 per occurrence for liability to third parties for personal injury and the minimum coverage amounts required by state law for personal property damage, uninsured motorist and underinsured motorist claims. Said insurance policies shall name the COUNTY of Jefferson as an additional named insured and shall include a provision prohibiting cancellation of said policy except upon thirty (30) days prior written notice to the COUNTY. Certificates of coverage as required by this section shall be delivered to the COUNTY within fifteen (15) days of execution of the AGREEMENT. Any deductibles or self-insured retention shall be declared to and approved by the COUNTY prior to the approval of the AGREEMENT by the COUNTY. Failure of the CONSULTANT to take out and/or maintain any required insurance shall not relieve The CONSULTANT from any liability under the AGREEMENT, nor shall the insurance requirements be construed to conflict with or otherwise limit the obligations concerning indemnification. It is agreed by the parties that insurers shall have no right of recovery or subrogation against the COUNTY (including its employees and other agents and agencies), it being the intention of the parties that the insurance policies so affected shall protect both parties and be primary coverage for any and all losses covered by the above described insurance. It is further agreed by the parties that insurance companies issuing the policy or policies shall have no recourse against the COUNTY (including its employees and other agents and agencies) for payment of any premiums or for assessments under any form of policy. It is further agreed by the parties that any and all deductibles in the above described PSA David Goldsmith — Interim DCD Director Page 3 of 24 insurance policies shall be assumed by and be at the sole risk of the CONSULTANT. Any coverage for third party liability claims provided to the COUNTY by a `Risk Pool" created pursuant to Ch. 48.62 RCW shall be non-contributory with respect to any policy of insurance the CONSULTANT must provide in order to comply with this AGREEMENT. If the proof of insurance or certificate indicating the COUNTY is an "additional insured" to a policy obtained by the CONSULTANT refers to an endorsement (by number or name) but does not provide the full text of that endorsement, then it shall be the obligation of the CONSULTANT to obtain the full text of that endorsement and forward that full text to the COUNTY. The COUNTY may, upon the CONSULTANT's failure to comply with all provisions of this AGREEMENT relating to insurance, withhold payment or compensation that would otherwise be due to the CONSULTANT. 12. Independent Contractor. The CONSULTANT and the COUNTY agree that the CONSULTANT is an independent contractor with respect to the services provided pursuant to this AGREEMENT. Nothing in this AGREEMENT shall be considered to create the relationship of employer and employee between the parties hereto. Neither CONSULTANT shall be entitled to any benefits accorded to County employees by virtue of the services provided under this AGREEMENT. The COUNTY shall not be responsible for withholding or otherwise deducting federal income tax or social security or for contributing to the State industrial insurance program, or otherwise assuming the duties of an employer with respect to CONSULTANT, or any employee of CONSULTANT. 13. Discrimination Prohibited. The CONSULTANT will not discriminate against any person in performance of CONSULTANT's services under this AGREEMENT or in the selection and retention of employees or procurement of materials or supplies, on the basis of age, sex, marital status, sexual orientation, religion, creed, race, color, national origin, honorably discharged veteran or military status, or the presence of any sensory, mental, or physical disability or the use of a trained dog guide or service animal by a person with a disability, unless based upon a bona fide occupational qualification. PSA David Goldsmith — Interim DCD Director Page 4 of 24 14. Outside Employment, Code of Ethics and Standards of Conduct. Throughout the term of this AGREEMENT, CONSULTANT will adhere to the COUNTY's policies on Outside Employment, Code of Ethics and the Standards of Conduct as contained in the Jefferson COUNTY Personnel Administration Manual, and excerpted and attached hereto as Exhibit B. In particular, CONSULTANT and COUNTY take note that CONSULTANT has an on-going business relationship with the Washington Counties Risk Pool performing Member Specialty Services, and that he has also previously advised a number of clients in projects that require Jefferson COUNTY review, permits, approval or other COUNTY actions. To avoid a perceived or actual conflict of interest: • As relates to the Washington Counties Risk Pool, the parties recognize CONSULTANT has an on-going relationship with the WCRP performing Member Specialty Services, and mutually agree that the Member Specialty Services CONSULTANT performs for the WCRP do not create a conflict for the COUNTY. As relates to any liability claims against the COUNTY which may be presented to the WCRP as a result of tortious acts or omissions by the CONSULTANT. CONSULTANT will fully cooperate with any investigation or review of said act or omission in compliance with the controlling WCRP documents and may, at his discretion, retain legal counsel at his expense to represent his interests. A system shall be established within Community Development to identify all applications or files relating to former or current clients of CONSULTANT, and to clearly mark them "Goldsmith Conflict" for the term of this AGREEMENT. During the term of this AGREEMENT, CONSULTANT will not have any interaction with any application or file of former or current clients. During the term of this AGREEMENT CONSULTANT will not perform work for current clients to prepare or promote client projects subject to COUNTY review, permits, approval or other COUNTY actions; Contractor will not work on the review or approval of such project; nor will Contractor review the work of others in Community Development done with respect to such projects. Current clients are defined to include clients represented by the CONSULTANT preparing a project or having a pending project requiring COUNTY review, permit, approval or other COUNTY action, including clients who continue to be under supervision or monitoring by Community Development, e.g., pursuant to a CASP. Former clients are defined as clients previously represented by the CONSULTANT on any project that was previously subject to COUNTY review, permit, approval or other COUNTY action, without any subsequent monitoring or review (e.g., CASP) by Community Development. CONSULTANT shall take such - other precautions as may be necessary to avoid a conflict of interest. PSA David Goldsmith — Interim DCD Director Page 5 of 24 • Any project application marked "Goldsmith Conflict' which requires DCD Director approval or action shall be submitted directly to the County Administrator who shall the be the responsible party to take such action. 15. COUNTY Network, Internet, Intranet, Email and Voicemail. In utilizing COUNTY Network, Internet, Intranet, Email and Voicemail, CONSULTANT has executed a COUNTY -supplied "Acknowledgment of County Internet, E-mail and Voicemail Use Policy" form and will comply with Jefferson County Resolution 17-98 and other use directions from the COUNTY Central Services Department. 16. Assignment and Subcontracting. The CONSULTANT shall not subcontract or assign any of the services covered by this AGREEMENT without the express written consent of the COUNTY. 17. Background Check. Commencing billable services under this AGREEMENT shall be contingent on successfully passing a criminal history background check and submitting an acceptable 3 -year driving abstract. CONSULTANT has executed a COUNTY -supplied "Authorization and Release as Required by RCW 43.43.834(1)" for this purpose. 18. Termination. a. This AGREEMENT shall terminate at the end of the performance period described in Section 3 of this AGREEMENT, but no later than December 31, 2015, unless extended by a written amendment to this AGREEMENT executed by both parties to this AGREEMENT. b. Either party may terminate this AGREEMENT at any time and without cause by providing fourteen (14) days written notice to the affected party.. 19. Venue. Venue for any lawsuit or litigation arising from the terms, conditions and obligations contained in this Professional Services Agreement shall only be in the County of Jefferson, Washington. FSA David Goldsmith — Interim DCD Director Page 6 of 24 20. Integrated Agreement, This AGREEMENT together with attachments or addenda, represents the entire and integrated AGREEMENT between the COUNTY and CONSULTANT and supersedes all prior negotiations, representations, or AGREEMENTs written or oral. This AGREEMENT may be amended only by written instrument signed by both the COUNTY and CONSULTANT. IN �IIJ�NESS WHEREOF, the parties have caused this AGREEMENT to be executed this , day of September, 2015. Jefferson County Board of Cam ' sioners David Sullivan, Chair Date Phil Johnson, C6&rnissioner !Date Kathleen Kier, Commissioner Date ATTEST: t Carolyn Av ate Deputy Clerk of the Boar David Goldsmith David Gold ith, CONSULTAN ate APPROVED AS TO FORM: -7 David Alvarez I Date Chief Civil Deputy ProseZng Attorney PSA David Goldsmith — Interim DCD Director Page 7 of 24 Exhibit A Scope of services By this AGREEMENT, CONSULTANT is hereby contracted with to perform the duties of Director of the Department of Community Development on an interim basis, so that the COUNTY may recruit a new permanent Director. CONSULTANT will perform the Interim Director of Community Development duties on a flexible schedule that typically will be four (4) days per week. CONSULTANT shall work a minimum of sixteen (16) days per calendar month at a compensation rate of $9,600 per month, and any days worked less than 16 days in a calendar month will reduce that month's compensation by $600 per day. CONSULTANT shall perform the functions, duties and responsibilities of the Director of Community Development position as described in the attached Job Description. CONSULTANT shall direct and manage department staff and budget. CONSULTANT shall plan for, direct, organize and provide leadership to the Jefferson COUNTY Department of Community Development, including but not limited to the Building Division, Long Range Planning, Design Review Division, and Administration as further described in the attached Job Description. During the Period of Performance, CONSULTANT is appointed as the Director of Planning, Chief Administrative Officer, Building Official, Code Enforcement Officer, Unified Development Code Administrator, SEPA Responsible Official, Subdivision Administrator, Shoreline Administrator, Zoning Administrator, Critical Areas Administrator, Flood Management Responsible Official, and/or the responsible administrative official as referenced or required by ordinance, unless otherwise delegated. PSA David Goldsmith — Interim DCD Director Page 8 of 24 JEF PERSON COUNTY JOB DE SCRI MON DIRECTOR OF COMMUNITY DEVELOPMENT Community Development Bmmrb To: County Adiniadstraior AgRWIM October 24, 2011 0�p Mos Job Desmigtian is subject to cbeop as die needs of the employer or requirements of tie job 1A 1.1 Pisa lar, direct, organise, and provide leadership to the Jefiasaa County Department of Community Drielopment. Direct end implawnt management systems for eCoodw pha ing, perming and emixarmrant to maintain and enhance the quality of life in Jeflbcson County. Work to continually u npove all processes and assure the efficient and economical muxl use of County resources. Participate as a number of the County's senior management beam. 2A &UWRVMION RJQIVED AND B.XF,RCISED 2.1 F.xmcise significant bdapenodeUt Mount and action wilt road direction from tate County, consistent with the policies of the CountyCommisaiaeuers, adopted plans and local, soft to and federal law. This position is supeavised by the County A+dminishutm. 2.2 Supervise ail employees in the Community Development Department, cither directly or 3.8 M&M DU3M AND RZSPOMEMMES: Duties include but are not limited to the following. 3.1 Plawbrg A • Serve as the Director of Plemiog. Chief eve Officer, Building Official, Fire Marshall, Code En%rcemeni Officer, Unified Development Code Administrator, SEPA Responsible Official, Subdivision Ad ministrat t, Shoreline Administ atour, Zoning Administrator, Critical Areas Administrator, Flood Management Responsible Official saft r the responsible administtatrw official, as rehranced or required by oidins o unless odierwise delegated; • Assist the Planning Commission and the Board of Commissioners in formulating land use policies, song range pleas, and development regulations: • Condact or direct research, report upon, outline options and make x P m i rnm to diefi or amend long range plains, development regulations, and erasure timely, efficient and consistent pe matting and exrforcement procedures; • Conductor direct researeb preps: reports, outline options and make necomme ndstions concerning priority projects and issues, 1 of 4 PSA David Goldsmith — Interim DCD Director Page 9 of 24 • Administer County land use and cavirouteental. proton replations, building cow, the Comprehensive Plan, the Shoreline Master Program and the Nations[ Flood Hurd Insurance Program, and supervise their • Assist citizens and businesses to understand Coin' plans and development regulations, and help tem, achieve project goats in conkmmance with applicable development and in support of the Jeffe<su County Comprehensive Plan and other applicable land use goats and polides; • Enbanee customer service and efficiency by coordinating with and streamlining permit activities between Community Development, Public Haft's Environmental Health Division, Public Wades, the Assessor, and other County 3.2 GooautabsMm and Coaessararicasatms • Coordinate project, grogram, Vii, permitting and planning activities with County departments and other public agencies • Act as a liaison on policy direction and recommendations between the Board of County C.asmmaissioners, the Planning: Commission, and department staff • Represent the County at a variety of local and regional venues as directed; • Pturneoroe dialogue, collaborate, educate, aad proactively share infornmadon regarding community development issues with citizens, development communities, other ift W grolups, o1berjurisdMons, County departmeats, the Planning Conimnadon and elected officials regarding dee dept°a work and reload issues; • Develop and improve management oiams to what, track and respond to customer and citizen fuxdw,3, and respond to citizen and staff suggestions and complaints, • Develop and improve systems to make infimnadon. openly and readily accessible to the public to minimize the need for public records requests; and manage and improve the wt's systems to track and respond to all public record requests; 3.3 SwpvvWvx and LORA rstfsip • Hire, iraan, evalusste, caoecb and supervise ata$ ass;W staff in pro&ssional development, • Build a collaborative and cohesive departmental staff, foster collaboration and positive relations ver other • Work with staff to sec annual and multi-year individual and departmental goals and Prioritim • Help prepare job descriptions, pewformance ate, labor agreement addenda, administrative procedures, etc., in exercise of management and supervisory respoosibilitins; 3.4 Adkohd sraziosr and Afmag+tm art • Prepare a:maal budget and monitor expenditums, develop balanced multi --year budget and management plana; • Prepare, priontux, trnn¢k and regularly report progress on annual and multi year work pro6r'820; • Develop, track and regularly report on performance measures of the depmtowit; 2of4 PSA David Goldsmith — Interim DCD Director Page 10 of 24 • Organize the dvartme of a strucitne, procedures and work assipments to carry out the I a mission effectively and efficiently; • Sack grants, contram and other €imdmg sauces in support of &a County and the departmauht'3 work; • Oversee prapa<ratiOn of M*00111M resolutions, contracm agreenients, eovermds and oar legal dock related to warty development and admimstrittion and of County land use, and environmental protection ordinances; • Conaidai, manaaament systema and teciuwlogy to improve the department's city/icy in its work, and to store and accm records; 3.5 Oidw • Participate as a member of the County's senior management beam to help address Countywide issues; • May occasionally be delegated to fill in tampararily in the County Administrator's absence; and • Pwf= otiser duties as dhvcted. 4.0 SIMJJ AND : To perform this job suconallilly, an indivridwil asst be able to par€ocm owhementialfunetkmsatdwtwgy.11m requhanents listed below we representative of the, kwwledge, skill, and/or ability required. Rassomble accommodations may be made to enable individuals with disabilities to parte the essential ibnictioms. 4.1 Knowledge of local, state, and fedew regulations, land use policies, administrative procedures, applicable, environmental lays, local govemmmt inithority and responsibilities. 4.2 Shill in using standard offices egdpmmart iaeiuding personal computers and software applications (including insnVulating data), fax mace, copier, and tnu11i line telephone. 4.3 Ability to read, analyse, and interpret common planning, sc iendific and technical, journals, financial reports; and demographic and legal documents. Ability to respond to common inquiries or complaints $tan cnstomas, regulatory agendas, or the public. Ability to write Rmx hes and articles for publication concerning community development; economic, social and envirannrentsl issues in clear, effective, persuasive, and professional maimer. Ability to effedively prepare and/or direct prepwabon o& and present amrp vtice:sive reports, budgets and eorrespoodence to top management, public Stoups, and/or boards. 4.4 Ability to work with mathainatical eoncapts such as probability and statistical ia%acsence, and apply concepts such as fraetioasr, ratios, and proportions to practical situations. 4.5 Ability to define problems, collect data, establish ihcta, and draw valid oauclusiotM Ability to interpret an Barba naive variety of technical mWactions in mathematical or diagram form and deal with several abstract and concrete variables. 4.6 Ability to perform duties out of doors as needed to conduct irrd s artians at construction sites, areas of rough terrraia, £orassbed areas, we lands, and sthorelines. 4.7 Ability to understand unorganized facts and information and to order tram in an undcraRandable, organized manner. 3004 PSA David Goldsmith — Interim DCD Director Page 11 of 24 4 Ability to facilitate discussion of small and medium groups. 4.9 Ability to perfam in a self mated work environment 4.10 Ability to quickly grasp new techniques, deal with rapid dmanges in events, remain calm in tareessllil situations, and relate to various personality atyla in a caira, proknioruel manner. 4.11 Ability to meWOdn confidendality of sm ftw information. 4.12 Ability to assure efftdan and effective utilization of volnnteas and department persosmal, hada, materials, ries and time. 4.13 Ability to travel acrd attend meetings and cam, both during re Alar waking hours and in the evening. S.0 QUALIlF'ICAUM 5.1 Btchetoev degree in Community Dewedap went; U Planning; Public Administration; or a closely related field from an accredited four-year college or unnivwsity; plus five (5) years of pWassively ruble experience at a sense; level in planting or public administration, with at least ate (1) year as a manager with direct nspoasrr't tiny for the pie of subordinates, OR an equivalent combbwdon of education and cKparierme is required. A Master's degree in an appropriate field may be substituted for one (1) year of experience. 5.2 A valid Washington Stabs Ddvaes License or the ability to obtain one within 30 days of razploymmtt. and man- tainiog the Driver's License for the duration of employment with the County is required. 5.3 Murat pass a Criminal History Cl 5.4 An AiCP certificate is desirable.. 6.0 WORK OMNI;: The physical demands described here are representative of terse that must be meat by an employee to successfully perform the essential. functions of this job. Reasonable ;af, r narx 1 4,aaa may be made to enable individuals with disabilities to perform the essudd finetioas. 6.1 Work is primarily performed in an office, but also requires driving to meetings. Attendance at meetings may require working evening hours. 6.2 While performing the: duties of this jab, the employee is regularly required to use leads to finger, handle, or fed and tank or hem'. The employee fregeentiy is required to stand, walk, and at Tire miployee is occasionally required to reach with hands and arms; climb or Wwoee; and stoop, kneel, crouch, or crawl. 63 The employee must fnequea dy lift and/or move up to 25 pounds and occasionally lift and/or move up to 50 pounds. Specific, vision abilities required by this job include close vision, distance visim color vision, pwphuvl vision, depth preception, night vision, the abOy to road small print and the ability to adjust focus. 6.4 The noise level in to work environment has moderate noise. 6.5 While pe ng the duties of oris job, the employee occasionally works in outside weather ceondidons. 4 of 4 PSA David Goldsmith — Interim DCD Director Page 12 of 24 Exhibit B Excerpts from the Jefferson County Personnel Administration Manual on Outside Employment, Code of Ethics and Standards of Conduct Jefferson County Personnel Administration Manual Chapter 11— General Policies Section 14.0 — Outside Employment Employees engaged in outside or "other" employment, authorized in writing by the County, must agree and comply with the following restrictions. The outside or other employment: I . Will not be conducted during the employee's hours of employment with the County 2. Will not distract from the efficiency of the employee while performing County duties 3. Will present no conflict of interest with County business 4. Will not take preference over extra duty required by County employment 5. Will create no liability for the County. The County may require evidence of a written contract between the parties showing respective liability of each party. In order to maintain public confidence in the performance of individual offices and departments, Departmental Directors may develop, in addition to those listed above, certain other criteria for how, when and under what circumstances employees may engage in outside employment. Any employee engaged in outside or other employment that conflicts with the requirements of this section shall resign from such outside or other employment or shall be terminated upon refusal to resign. Any outside or other employment that could potentially interfere with emergency call -out situations must be reported to the Departmental Director. If, after accepting outside or other employment, situations arise which could interfere with the employee's job as provided in Subparagraph I above, the employee shall immediately report that situation to their Departmental Director. If an employee is unsure of the criteria or effect of outside or other employment, the employee should contact the Departmental Director to obtain clarification. PSA David Goldsmith — Interim DCD Director Page 13 of 24 jefftysoll county Personnel-Wulini"trition NIM111al Chapter 4 — Code of Ethics Section 1.0 — Declaration of Policy The proper operation of democratic government requires that public officials and employees be committed and bound by the following guidelines: I Independent. impartial. accountable and responsible behavior in duty to the County and its citizens 2. Governmental decision and policy making within the proper channels of the governmental structure .1. Public office not to be used for personal gain 4. Belief by the public in the integrity of its government based on the actions of its employees In recognition of these goals. a code of ethics for all county officials and employee" is adopted to supplement the provisions of RCNV 42.2 3.This policy shall be applicable to all elected officials. employees and quasi employees of the County. Each employee is responsible for complying with the County's Code of Ethics Policy as a condition of employment. Full details of the policy and procedures regarding the Code of Ethics can be found in the Jefferson Cowin- Code of Ethics Policy and Procedni-es Monual that is Appendix B of this manual. A copy of which shall be provided to all offices and employees of the County, and all additional copy shall be readily available to members of the public. PSA David Goldsmith — Interim DCD Director Page 14 of 24 Jefferson County Personnel Administration Manual accordance with provisions of federal, state or local laws governing campaign finances HRM: Human Resource Manager. a position appointed or designated by the Board of County Commissioners to handle personnel, staffing and other related matters Interest: Direct or indirect monetary or material benefit accruing to an employee as a result of a contract, transaction, zoning decision or other matter that is, or may be the subject of, an official act or action by or with the County except for such contracts, transactions, zoning decisions, or other matters that by their terms and by the substance of their provisions confer the opportunity and right to realize the accrual of similar benefits to all other persons and/or property similarly situated Nominal Retail Value: A value of less than $25.00 (twenty-five) ficial act or action: Any legislative, administrative, appointive or discretionary act of any employee of the County or any agency, board, committee or commission thereof Personnel File: Refers to both the employee's employment personnel file and the employee's departmental personnel file Public employee: Any person, holding a position by appointment or employment in the service of the County, whether paid or unpaid, including members of any board. committee or commission thereof Public official: Any person holding a position by election, whether paid or unpaid, including members of any board, committee or commission thereof Remote Interest: An interest that is: (1) 'That of a non -salaried officer of a nonprofit corporation; (2 ) That of an employee or agent of a contracting party where the compensation of such employee or agent consists entirely of fixed wages or salary; (3) That of a landlord or tenant of a contracting party; or (4) That of a holder of less than one percent of the shares of a corporation or cooperative _ which is a contracting party Respondent: The individual named in a complaint allegedly causing harm. Section 3.0 — Affected Parties This policy shall be applicable to all employees and quasi employees of the County. (Elected Officials and qualifying Public Officials refer to RCW 42.23 and 42.52.) Section 4.0 — Conflicts of Interest Defined, Generally Employees are expected to use good judgment, adhere to high ethical standards. and avoid situations that create an actual or perceived conflict between their personal interests and those of the County. Jefferson County requires that the transactions employees participate in are ethical and within the law. both in letter and in spirit. Whenever employees are in doubt. they should consult with their supervisor, Departmental Director or the Human Resource Manager. Adopted: December 2003 Appendix B - Code of Ethics Revised: January 2041, Page 70 of 110 Policy & Procedures PSA David Goldsmith — Interim DCD Director Page 15 of 24 JeHers®o Corny Persoama Administration Masuat Jefferson County recognizes that different organizations have different codes of ethics. However. just because a certain action may be acceptable by others outside of Jefferson County as "standard practice- that is by no means sufficient reason to assume that such practice is acceptable as an employee of Jefferson County. While it is not possible to develop a comprehensive detailed set of rules to cover every situation, the County does adhere to and will strictly enforce any and all state laws or regulations relating to conflicts of interest, appearance of fairness and ethics that are applicable to the employees and officials of this County. The statutes provide detailed outlines of what constitutes ethical and appropriate behavior while employed with the County. if an employee or someone, with whom the employee has a close personal relationship, has a financial or employment relationship with a vendor, potential vendor, or any person or business entity doing business or wishing to do business with the County, then the employee has an "interest. - as that term is defined in Section 2.0. In such circumstances the employee is considered to have an "interest" that mandates disclosure of that "interest" and eventual resolution in accordance with this Code. For purposes of this policy, an employee shall be deemed to have an interest in the affairs of: 1. The employee's spouse or domestic partner. or dependent children 2. Any person or business entity with which a contractual relationship exists with the employee 3. Any business entity in which the employee is an officer, director, member or employee 4. Any business entity in which the employee owns or controls an interest either directly or indirectly. The employee must disclose this "interest" in writing to their Departmental Director. The Departmental Director with the help of the County Administrator and the Human Resource Manager will determine what course of action, if any, must be taken to resolve any conflict he or she believes may exist. Section 4.1- Examples of Conflict of Interest A conflict of interest may arise, by way of example only, if an employee: • Accepts non -nominal (greater than $25 in value) gifts from vendors, potential vendors or any third -party who does business with the County; • Accepts ANY form of remuneration or non -business related entertainment from a third -party who does business with the County; • Sells to third parties any information, products, or materials acquired from the County, • Engages in outside business activities in such a way or to such an extent that the outside business activities adversely affect the County or the employees' job performance; • Performs outside work for a vendor of the County or any third -party that does business with the County; (See Chapter 11. Section 14.0 on Outside Employment.) • Engages in any outside employment or any other business undertaking to his or her personal gain that is, or can ALSO be. perceived to be prejudicial to the best interest of Jefferson County: • Uses proprietary and/or confidential information for personal gain or to the County's detriment; uses assets or labor for personal use unless the use is as specified in Chapter 11. Adopted: December 2003 Appendix B — Cade of Ethics Revised: January 2013 Page 71 of 910 Policy & Procedures PSA David Goldsmith — Interim DCD Director Page 16 of 24 Jefferson County Permand AdmWistration Manual If the conflict is severe enough Jefferson County may be forced to ask the employee to tender his or her resignation or may, at its sole discretion, no longer transact business with that third -party. Jefferson County has the sole discretion to: a) determine whether such a conflict of interest exists and b) determine the course of action to be taken to remove or end the conflict. Employees are encouraged to seek assistance from their supervisor or Departmental Director with any legal or ethical concerns. However, Jefferson County realizes this may not always be possible. As a result, employees may contact the Human Resource Manager to report anything that they cannot discuss with their supervisor or Departmental Director. Section 4.2 — Political Activities Employees shall comply with provisions of RCW 41.06.250 as the same exists or is hereafter amended, which generally prohibits compulsory assessment or involuntary contributions and solicitation on public property for any partisan political purposes. If an employee, an employee's spouse, or the parent or guardian of an un -emancipated minor employee is elected to the Hoard of County Commissioners, the employee shall be deemed to have resigned from County employment upon the date of certification of the results of the election, if required by State law. This provision shall not apply to persons employed as unskilled day laborers earning less that $100.00 (one hundred) per month or to public officers exempt from prohibition of RCW 42.23. ;Adopted: December 200: appendix H — Code of Ethics Revised: January 2013 Page 72 of 110 Policy & Procedures PSA David Goldsmith — Interim DCD Director Page 17 of 24 Jefferson Cowity Ptrsonatl AdninistrationMantial Chapter 5 — Standards of Conduct Section 1.0 — Rules of Conduct It is the County policy to place as fe,*y restraints on employee personal conduct as possible. The County relies on each employee's good judgment and sense of responsibilltv as the principal source of guidance for conducting day-to-day duties and responsibilities. For the protection of the County's business interests, the public, and other employees. certain rules of conduct have been established. These rules are fornialized for each employee's inforniation, and to minimize the likelihood of air%, employee. through misunderstanding or otherwise. becoming subject to disciplinary action. Each employee is responsible for complying with the County's standards of conduct policy as a condition of eiriplokinent. A full description of the policy and its applicable procedures can be found 11) Y in the A&erson Cowin, Standards of Conduct Police atid Procedure Manual that is Appendix C of this mainial. PSA David Goldsmith — Interim DCD Director Page 18 of 24 Jefferson County Persounet Adtimistration Manual APPENDIX `C' — Standards of Conduct Policy & Procedures Section 1.0 — Policy In the interest of Jefferson County and the public, it is desirable that an employee's conduct reflects favorably on the employee, their fellow employees and the County at all times, whether off-duty or on -duty. Off-duty misconduct may result in discipline when it renders an employee less capable of performing their duties and responsibilities or when it reflects unfavorably upon an employee's continuing qualifications for employment. Employees may be transferred demoted, terminated or have other action taken as a result of on -duty or off-duty conduct that results in a loss of public confidence in the employee as a member of the County staff. It is the County's policy to place as few restraints on employee personal conduct as possible. The County relies on each employee's good judgment and sense of responsibility as the principal source - of guidance for conducting, day-to-day duties and responsibilities; however, for the protection of the County's business interests and other employees, certain rules of conduct have been established and must be followed. `These rules are to minimize the likelihood of any employee, through misunderstanding or otherwise, becoming subject to disciplinary action. The listed rules in this document are not all inclusive. Section 2.0 — Definitions The following definitions will be used for the purposes of these policies and procedures. Departmental Director: An elected official, manager or supervisor directly in charge of a specific department (e -g., the County Treasurer is the Departmental Director of the T'reasurer's Office: the Public Works Director is the Departmental Director of the Public Works Department) Disciplinary Action Form: Any written document (memo, letter, specific form, etc) which the employee is asked to sign that includes the employee's name, job classification and department and describes the nature of the misconduct Discharge Committee: A committee appointed to conduct a pre -discharge meeting. The membership of the committee is 1) a Departmental Director from a department other than the department of the discharged employee, 2) the Human Resource Manager, and 3) the Clerk or Deputy Clerk of the Board HRM: Human Resource Manager, a position appointed or designated by the Board of County Commissioners to handle personnel, staffing and other related matters Personnel File: Refers to both the employee's employment personnel file and the employee's departmental personnel file Adopted: December 200.1 Revised: January 2013 Page 73 of 110 Appendix C Standards otConduct Policy & Proccdores PSA David Goldsmith — Interim DCD Director Page 19 of 24 Jeffemm County Peraenel Administration Atanuat Section 3.0— Immediate Discharge There are certain kinds of actions that cannot be permitted to occur because of their impact on other employees, the public and the County. Such offences may result in immediate dismissal. The following are examples of such offenses that may result in immediate termination and this list is not all-inclusive: • Theft, misappropriation or removal of County property or the property of other employees, clients, customers and citizens • Acknowledged, intentional or repeated falsification of any application for employment or any report, record, time sheet or County record • Soliciting and/or accepting payment, gifts, or any item of value for services performed during the regular work day, whether or not the services are performed on behalf of the County and whether or not County vehicles or equipment are used • Willful alteration, destruction or waste of County property, facilities, records or equipment. wherever located, or the destruction of another employee's or citizen's property • Possession and/or use of alcohol, narcotics or other controlled substances on County property, in County vehicles, or during any occasion which is associated either directly or indirectly as work performed for the County (except when such possession is pursuant to the employee's employment duties) • Giving or taking a bribe of any nature as inducement for obtaining or retaining a County .job or position • Serious or repeated disorderly conduct, horseplay or insubordination. insubordination includes, but is not limited to: a. Neglect of duty or refusal or failure to obey orders or instructions in the line of duty b. Public disrespect displayed toward any citizen, fellow employee or supervisor while performing work for the County C. Hostile or abusive language to any citizen, fellow employee or supervisor d. Threatening, intimidating, coercing or interfering with the work routine of supervisors or other employees C. Physical confrontation and/or deliberate attempts to cause bodily harm - f. Sleeping during working hours (except regularly scheduled breaks if not in public view) g. Unauthorized possession of firearms, explosives or any dangerous weapons while performing County work h. Participating in a work stoppage or slowdown i. Recklessness resulting in an accident while on duty, whether on County property or while driving a County vehicle j. Racial or sexual harassment directed toward another person, including but not limited to demands for sexual favors in exchange for employment, retention of job. promotion or other employment benefits Section 4.0 - Other Disciplinary Actions There are certain types of actions that should not occur. but normally it is the recurrence of the action rather than the first occurrence of the action that results in discharge. For such actions. a regular employee will normally receive a written or verbal warning, be suspended without pay or placed on Adopted: December 2003 ,Appendix C Standards of Conduct Revised: January 2013 Page 74 of 110 Policy & Procedures PSA David Goldsmith — Interim DCD Director Page 20 of 24 Jefferson County Peraoawl Administration Manual disciplinary probation prior to discharge, depending upon all the facts and circumstances presented in each instance. The following are examples of such offences and is not intended to be all-inclusive: • Ignoring safety rules or common safety practices • Engaging in disorderly conduct, horseplay, insubordination, or conduct that would be of detriment to the image of the public employee • Using uncivil, insulting, vile or obscene language • Failure to report occupational injuries or accidents, including motor vehicle accidents. promptly to the employee's supervisor • Engaging in activities other than assigned work during working hours and/or while operating County equipment, without approval in advance by an employee's Departmental Director • Acting in an insulting, rude, insolent or uncivil manner toward any customer or other person while working for the County, or while operating County equipment, or on County premises • Failure to exercise the care and attention to one's work required by the circumstances • Smoking in restricted or prohibited areas, whether on County property or otherwise • Accepting employment or engaging in business for profit with another employer without written authorization from the Departmental Director or County Administrator (for appointed managers) • Acting in any manner inconsistent with rules of conduct necessary to the welfare of the citizens, the County or its' employees _ • Un -excused or excessive absences or tardiness • Leaving work before the end of the shift or not being ready to begin work at the start of the shift or working overtime without permission of the employee's supervisor • Loafing or spending unnecessary time away from the job • Unauthorized possession or use of any County property, equipment or materials • Carrying an unauthorized passenger in a County vehicle • Contributing to unsanitary or unsafe conditions • Use of County property or time for personal financial gain or financial gain of another person Section 5.0 - Investigation As soon as a Departmental Director bco on= aware of a possible infraction of the standards of conduct the employee should be imervicwvd and an investigation started. Section 5.1— Employee Interview As soon as possible after the event, an interview should be conducted with the employee suspected of the misconduct. The employee's Departmental Director should conduct the interview in private. If the misconduct is serious, the Departmental Director should have another management represen- tative present in case a witness is needed to verify what occurred during the interview. The employee may also request to have another employee present during the interview. The employee should be given a chance to explain what happened and why it happened, and be encouraged to identify any other employees who may have knowledge of the incident. The Departmental Director must inform the employee that they will be contacted after the investigation has been completed. In the case of a serious infraction, the Departmental Director may decide to suspend the employee with or without pay during the course of the investigation. Adopted. December 2003 Appendix C- Standards of Conduct Revised: January 2013 Page 75 of I Ifo Policy & Procedures PSA David Goldsmith — Interim DCD Director Page 21 of 24 Jerferwn County Personnel AdminWration Ntanunl Section S.2 — Investigation As soon as a Departmental Director becomes aware of a possible infraction of the standards of conduct, they should immediately assign a non-involved County official or employee to conduct a preliminary investigation. An essential requirement of the investigator is that they be capable of objectively evaluating the facts and the persons involved and be perceived by the involved employees as someone who is fair and objective. The investigator should conduct interviews with all witnesses as soon as possible after the event and detailed notes should be taken. If the incident involves a serious infraction, the interviewer should obtain signed statements from the witnesses. The investigation should determine the following: 1. Whether or not the incident occurred 2. Who was involved in the incident 3. Names of any witnesses and signed statements, if appropriate 4. A statement describing the specific mature of the incident and when it occurred 5. A statement describing any consequences of the incident such as injuries, reduced productivity, damage to County property, etc. In the case of minor infractions, a simplified version of the above process may be followed. Section 6.4 — Disciplinary Action Once an investigation has been conducted and it has been determined that an infraction has occurred, one or more of the following disciplinary actions may be taken. The County may skip steps in this sequence whenever, in its judgment, circumstances require an abbreviated disciplinary procedure. A review of the employee's employment and departmental personnel files will be conducted to identify circumstances that would support either increasing or reducing the imposed disciplinary action. The employee's Departmental Director must complete a written disciplinary action form. 'The employee's name, job classification and department should be identified on the form. In describing the nature of the misconduct, the following information should be provided: I . The date and time of the infraction 2. A brief description of the events 3. A list of rules or policies that were violated 4. The effective date and nature of the disciplinary action. If the discipline is a final warning, should be clearly stated that a future offense will result in immediate termination. The employee must be allowed to review the disciplinary action form and must also understand exactly what action will be taken should another violation occur. The employee should be asked to sign the disciplinary form. If the employee refuses to sign, the Department Director should attempt to have the employee sign a notation that they refused to sign the disciplinary action form. In the event the employee refuses to sign the notation, the Departmental Director should have another Departmental Director verify the employee's refusal. It is important that detailed notes are kept of this meeting and to have another person present to witness the proceedings. Adopted: December 2003 Revised: January 2013 Page ?G of 110 Appendix C— Standards of C'unduct Policy & Procedures PSA David Goldsmith — Interim DCD Director Page 22 of 24 Jerrenoa County Personnel Admiaiwation Mammal Section 6.1—oral Warning Oral warnings may be given for minor offenses or to bring to the attention of an employee potential work performance problems. Oral warnings may include an explanation of the violation or problem and requests for corrective action on the part of the employee. A notation of each oral warning should be placed in the employee's departmental personnel file and maintained by the Departmental Director for future reference. In addition, the offending employee may be given a written notation of the warning. Section 6.2 — Written Warning A written warning may be given for a more serious offense or when the employee, who has received one or more oral warnings for minor offenses or problems in their work performance, repeats them or fails to take corrective action. A copy of the written warning is to be signed by and given to the employee and a copy entered into the employee's departmental personnel file. Section 6.3 — Suspension/Final Waning A suspension may be given for serious infractions of employee rules of conduct for which immediate discharge is not appropriate for repeated offenses, or for failure to correct an action for which a written warning was previously given. A suspension is time off without pay for disciplinary reasons. 6.3..1 Non -Exempt Employees: The number of days of suspension is dependent upon the nature of the violation and the employee's record. 6.3.2 FLSA Exempt Employees: In the case of exempt employees, time off without pay shall be for the entire pay period. In each case of disciplinary suspension, a written memo will be prepared. Atter review with the employee, a copy will be given to the employee, and a signed copy will be entered into the employee's departmental personnel file. Section 6.4 — Discharge When the Departmental Director feels that the nature of a violation warrants discharge or if the discharge is a result of the disciplinary procedure where the desired corrective action was not achieved by one or all of the steps above (written warning, suspension, etc.), the Departmental - Director will prepare a written report and submit it to the HRM. 6.4.1 Pre -discharge Meeting: A pre -discharge meeting will be conducted by the Discharge Committee. which is composed of one (1) Departmental Director from a department other than the department of the discharged employee, (2) the HRM. and (3) the Clerk or Deputy Clerk of the Board, who will act as secretary of the meeting. The County Administrator shall make appointments to the discharge committee as needed. rhe discharge committee may use the services of legal council or consultants as required. 6.4.2 Not a Public Meeting: The pre -discharge meeting shall not be a public meeting unless required by law. The employee shall be provided with a written notice of the charge or grounds for termination and a summary of the County's evidence. The employee shall be given an Adopted: December 2003 }revised: January 2013 Page 77 of 110 Appendix C— Standards of Conduct Policy & Procedures PSA David Goldsmith — Interim DCD Director Page 23 of 24 Jefrer%oo Cavaty Pencaati Administration Manual opportunity to respond to these charges, either orally or in writing, and to explain why the County should not go ahead with the discharge. No employee who has completed a trial period shall be terminated for any reason without a pre- discharge meeting of the Discharge Committee. Although the Departmental Directors explanation of the County's evidence should be sufficient to inform the employee of the basis for discharge, this procedure shall not be construed to limit the County at any subsequent hearing or proceeding, from presenting a more detailed and complete case including the presentation of witnesses and/or documents not introduced at the pre -discharge meeting. Should the discharge committee determine to proceed with the discharge or some alternative disciplinary action, the County will give the employee written notice of discipline without undue delay. Section 7.0 — Appeal Process An appeal may be made by the employee within five (5) business days of the disciplinary action meeting. The appeal must be submitted in writing to the 11i2M. The i -IRM will review the investigation notes and the employee's employment and departmental personnel files to ensure that the disciplinary action is fair and consistent within five (5) business days of receipt of the appeal. If the employee is subject to a collective bargaining agreement, the employee shall follow the process as outlined in their union contract. Adopted: December 2003 Revised, January 2013 Page 78 of 110 Appendix C— Standards of Conduct Policy & Procedures PSA David Goldsmith — Interim DCD Director Page 24 of 24 JEFFERSON COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST TO: Board of County Commissioners r FROM: Philip Morley, County Administrator / DATE: September 8, 2015 RE: Professional Services Agreement Interim Director Department of Community Development; David Goldsmith; not to exceed $32,100 STATEMENT OF ISSUE: Board of Commissioners approval is requested for the attached professional services agreement with David Goldsmith to be Interim Director of the Department of Community Development. A companion Resolution has been submitted separately for Board approval to formally delegate to Mr. Goldsmith during his tenure. the titles and responsibilities of the position under County code and State law. ANALYSIS: Carl Smith is retiring as the Director of Community Development (DCD) on September 25. 2015. David Goldsmith has agreed to serve as Interim Director of DCD while the County conducts a search for a new permanent DCD Director. Mr. Goldsmith is uniquely qualified to serve as Interim Director of DCD. lie previously served as Director of Jefferson County's Planning Department for six years and as Director of the_ County's Planning and Building Department for another seven years. During that time he also served for seven months as the Washington State Growth Management Division's Unit Manager. Mr. Goldsmith's career with Jefferson County continued to progress, serving as Jefferson County's Director of Community Services, Deputy County Administrator, and finally, County Administrator until he retired from Jefferson County service. Since then, Mr. Goldsmith served as Co -Manager of the Washington Counties Risk Pool. and presently leads WCRP's Member Services and Specialty Services on a part-time basis statewide. He is a longtime resident of Jefferson County and is actively engaged in and knowledgeable of the communities we serve. The enclosed professional services agreement sets out the terms and conditions of Mr. Goldsmith's services to the County. Terms and conditions include project designation. scope of services, time of performance, payment, reporting. operating support and expenses, ownership and use of documents, compliance with laws. indemnification. insurance. independent contractor status, discrimination prohibited. outside employment and code of ethics and standards of conduct, county internet email and voicemail use, assignment and subcontracting, background check, termination. venue for disputes, and integrated agreement. A companion Resolution has been submitted for Board approval separately. to formally delegate the titles and responsibilities of the DCD Director position under County code and State law to Mr. Goldsmith during his tenure. FISCAL IMPACT: Services are compensated at $9,600 per month for a minimum of 16 days worked each month. DCD presently expends $9,541 per month in salary and benefits for the Director position, so the net cost to the department is only $59/month. Services would continue until a permanent DCD Director begins, or terminate on December 31, 2015..whichever is first, for a total cost not to exceed $32.100. RECOMMENDATION: Approve the proposed Professional Services Agreement with David Goldsmith. ministrator Date so 77 INS. TO: File FROM: Philip Morley. County Administrat 44� DATE: September 2, 2015 Philip Morley 1820 Jefferson Street PO Box 1220 Port Townsend, WA 98368 SUBJECT: Sole Source — Personal Services of David Goldsmith as Interim DCD Director Carl Smith tendered his resignation for September 25, 2015 on August 18. A new permanent DCD Director cannot be recruited and hired by Mr. Smith's retirement date. DCD's Planning Manager position is vacant, leaving no management staff to step in to run the department. With relatively short notice to identify an Interim Director, the County discovered Mr. David Goldsmith is willing to serve in that capacity. Mr. Goldsmith is uniquely qualified to serve as Interim Director of DCD by virtue of is knowledge of planning/permitting, his direct and lengthy experience leading Jefferson County DCD previously, his executive management experience, and his current knowledge of county government and managing its liabilities through is leadership with the Washington Counties Risk Pool. These qualifications allow him to step in and perform immediately, with very little transition time or need to learn Jefferson County's regulations or administrative procedures. Mr. Goldsmith previously served as Director of Jefferson County's Planning Department for six years and as Director of the County's Planning and Building Department for another seven years. During that time he also served for seven months as the Washington State Growth Management Division's Unit Manager. Mr. Goldsmith's career with Jefferson County continued to progress, serving as Jefferson County's Director of Community Services, Deputy County Administrator, and finally, County Administrator until he retired from Jefferson County service. Since then, Mr. Goldsmith served as Co -Manager of the Washington Counties Risk Pool. and presently leads WCRP's Member Services and Specialty Services on a part-time basis statewide. He is a longtime resident of Jefferson County and is actively engaged in and knowledgeable of the communities the County serves. In addition he has gained useful customer perspective on DCD's permitting as a consultant to a variety of permit applicants. A copy of Mr. Goldsmith's resume is attached, providing more detail on his relevant experience. as well as his many professional affiliations, awards and achievements. 77 1 David R. Goldsmith 536 Foster Street, Port Townsend, WA 98368 (360)385-3907 _ EMPLOYMENT HISTORY WASHINGTON COUNTIES RISK POOL 2005 TO PRESENT Co -Manager, 2005-2006; MemberServices/SpecialtyServices 2006 -Present: Organization and Board development and facilitation, Strategic initiative, Policy development. Membership relations, Marketing, Risk assessment, Special project development, Staff assistance to standing committies. SAN JUAN COUNTY ADMINISTRATOR PRO -TEM 2006 (Jan -Sept) DRG SOUND SOLUTIONS. 2005 TO PRESENT Consulting to local governments, individuals, non -profits, and business in the field of, Organization Development and Strategic Planning, Public Administration, Public Policy Development, Risk Management, Permit and Land Use Administration, Project Evaluation and Estate Planning. COUNTY ADMINISTRATOR I APRIL 2002 TO RETIREMENT Chief appointed official of the County. Responsible for the day-to-day operation of all Board of Commissioner directed departments and functions. Serves as Chief Administrative Officer of the County and designated director of Human Resources, Emergency Management, Finance and Budget DEPUTY COUNTY ADMINISTRATOR JUNE 2000 TO APRIL 2002 New title as part of reorganization. same duties as Deputy Director of Public Services with the addition to over sight of public safety function including E-911/Dispatch, Safety Programs, Emergency Management, and Court Security. DEPUTY DIRECTOR OF JANUARY 1995 TO JUNE 2000 PUBLIC SERVICES JEFFERSON COUNTY Deputy to the Director of Public Services serves as the chief administrative officer for the County. Direct responsibility for Human Resource Management, Risk Management, Community Services Grant Program, Training, Organizational Development and Program Evaluation. Additional responsibilities include: labor relations, labor and service contract negotiations. community relations, special projects, policy and program development. Direct management of various special purpose funds and programs. Represents the Board of Commissioners/County on Law and Justice Council, Labor/Management Councils, and Washington Counties Risk Pool. DIRECTOR COMMUNITY SERVICES JEFFERSON COUNTY MAY 1991 TO JANUARY 1995 Administrative manager for all Board of Commissioner directed departments and functions; except the Public Works Department including Planning, Building, Health, Human Services, and Animal Services. Responsible for policy development. organizational development.. special projects, program evaluation; and development of internal operating policies and procedures. Responsible for organization wide personnel and employment practices, personnel policy update, ADA EEOC compliance, Community Services Grant Program, Organization wide implementation of Total {duality Management, and community relations. Additional responsibilities include labor relations. labor and service contract negotiations. DIRECTOR JEFFERSON COUNTY PLANNING AND BUILDING DEPARTMENT JANUARY 1984 TO MAY 1991 Direct and administer combined planning and building inspections, including water quality section. Responsible for policy development, program implementation, complaint investigation and review. Administer and evaluate program elements and special projects. Manage fiscal planning, intergovernmental coordination, and supervise staff. Establish and implement office and operating procedures. STAFF DIRECTOR for the Jefferson -Port Townsend Regional Planning Council. UNIT MANAGER SEPTEMBER 1990 TO APRIL 1991 Growth Management Division OLYMPIA, WA State of Washington EMPLOYMENT - Continued Department of Community Development Temporary position implementing the Growth Management Act. Responsible for technical assistance programs and materials. financial aid and mediation services to local governments. Developed permanent organization structure, recruited and supervised staff, and met fiscal resource requirements. Position required multi-year budget preparation; liaison with state agencies, legislative committees and the Governor's cabinet. - ADMINISTRATOR JEFFERSON COUNTY HEALTH DEPARTMENT JANUARY 1987 TO AUGUST 1987 Administered and evaluated health related services. Temporary assignment to evaluate Health Department service delivery effectiveness, and implement changes to increase department effectiveness. Reorganized department and administrative functions consistent with evaluation. Recruited Director of Nursing Services, Director of Environmental Health, support and professional staff. EDUCATION DIRECTOR JEFFERSON COUNTY PLANNING DEPARTMENT JULY 1978 TO JANUARY 1984 Administered and directed operations of the Planning Department. Duties include budget, personnel, program/service delivery and evaluation, assisting the Board of Commissioners, technical studies and analysis, determining and establishing operating policy and procedures. STAFF DIRECTOR to Jefferson -Port Townsend Regional Planning Council. COMMUNITY DEVELOPMENT PLANNER AUGUST 1976 TO JULY 1978 JEFFERSON COUNTY PLANNING DEPARTMENT Project planner for community based sub -area comprehensive land use planning. Other duties included contract planner for the City of Port Townsend, environmental review of development proposals, and preparation of technical studies. RESOURCE PLANNER AUGUST 1975 TO AUGUST 1976 JEFFERSON -PORT TOWNSEND REGIONAL PLANNING COUNCIL Primary duties included impact assessment of major U.S. Navy projects at Trident and Indian Island. Developed impact mitigation program resulting in fifteen million dollars in impact assistance granted to local communities. PLANNING INTERN AUGUST 1974 TO JUNE 1975 WHATCOM COUNTY BELLINGHAM, WA LAND USE CODE COMMITTEE Developed public information program on proposed zoning ordinance and assisted in compiling regional environmental inventory and resource atlas. Bachelor of Science WESTERN WASHINGTON UNIVERSITY Master of Public/Business Administration CITY UNIVERSITY PROFESSIONAL AFFILIATIONS 1975 BELLINGHAM, WA (Graduate Degree not completed) SILVERDALE. WA American Institute of Certified Planners (AICP), American Planning Association International City/County Management Association Washington Association of County and Regional Planning Directors Planning Association of Washington Board of Directors, Jefferson County Economic Development Council Society for Human Resource Management Jefferson County Health Systems (PHCO) Washington Counties Administrative Association Public Risk and Insurance Management Association (PRIMA) AWARDS AND ACHIEVEMENTS Adjunct Faculty, Western Washington University, Washington State University. University of Washington American Institute of Certified Planners (1979 - Present) Northwest District Representative, Washington Chapter, American Planning Association (1982-1983) Washington Association of County and Regional Planning Directors, Secretary/Treasurer (1981-1983), President (1983 -1985) Washington State Department of Community Development, Governor's Advisory Commission (1981- 1984) Who's Who in the West, 20th Edition (1985) Bayshore Enterprises. Inc., Board of Directors (1985- 1992) Governor's Oil Spill Prevention Task Force (1986) University of Colorado. Center for Improvement of Public Management, Rocky Mountain Program (1989) Rotary Club of Port Townsend (1982 -present, President 2001/2002) Senior Professional Human Resource Management (SPHRM 1997 -present) Skookum Educational Enterprises, Inc., Board of Directors (1995-2003, Vice Chair 1999, Chair 2000) Washington Counties Risk Pool. Board of Trustees (1997-2004. President 2001-2002) Washington Counties Administrative Association (Secretary/Treasurer 1-996-97, Vice President 1997-98, President 1998-99) Jefferson County Community Foundation (2005-2011 Treasurer 2008) Key City Public Theatre Board of Directors (2014 -Present, President 2014-15)