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HomeMy WebLinkAbout061217_ca02JEFFERSON COUNTY BOARD OF COUNTY COMMISSIONERS CONSENT AGENDA REQUEST TO: Board of County Commissioners FROM: Philip Morley, County Administrator DATE: June 12, 2017 RE: Employment Agreement for Mark McCauley as Director of Central Services STATEMENT OF ISSUE: County Commissioner approval is requested of the attached Employment Agreement for Mark McCauley as Director of Jefferson County's Central Services Department. Mr. McCauley has been selected to be the next Director of Jefferson County's Central Services Department after an extensive recruitment and candidate evaluation process, facilitated by The Prothman Company. ANALYSIS: Mr. McCauley comes to Jefferson County from Clark County where he has worked since 2001. Mr. McCauley was Clark County's General Services Director for 7% years, and before that was the Finance Manager and Administrative Services Manager for Clark County's Public Works Department for 5 years. As such, Mr. McCauley brings substantial experience leading departments with functions very similar to Jefferson County's Central Services Department. Most recently for the past 3 2/3 years, Mr. McCauley has served as Clark County's County Administrator and then County Manager under a new county charter. Clark County is Washington's fifth largest county, with a population of 450,000 and a county staff of 1,650 FTEs. Prior to his 16 -plus years of county service, Mr. McCauley had a 20 -year career in human resources and finance with the US Army, retiring with the rank of lieutenant colonel. Mr. McCauley has two Bachelor's degrees in Accounting and Business, plus a Master's degree in Business Administration from Syracuse University. Mr. McCauley is also a Certified Public Accountant in Washington State. The Central Services Director is responsible for three divisions - Information Services, Facilities, and Fleet Services — serving all other county departments. In addition the Central Services Director helps develop the County Budget and provides financial analysis, leads special projects, and fills in as Acting County Administrator in the Administrator's absence. Mr. McCauley's philosophy is to be a service leader focused on serving others before serving self. 1 of 2 Mr. McCauley is an experienced public servant who has demonstrated a commitment to strengthening support services to all county departments and all county elected officials, and to serving all county residents. The Prothman Company led the recruitment process. Mr. McCauley was selected by Jefferson County from a pool of 28 applicants. Of those, 5 finalists participated in all -day interviews with three separate county panels, plus a tour of county facilities & departments. Interview panelists included the County Administrator, one County Commissioner, two independent elected officials, three appointed department directors, and staff representatives from all three divisions of Central Services. The attached Employment Agreement is modeled after similar employment agreements for Jefferson County department directors, and has been approved as to form by the Prosecutor's Office. With BoCC approval of his Employment Agreement, Mr. McCauley will start on June 19, 2017. FISCAL IMPACT: budget. At Grade 23, Step 10, funding in 2017 is within the county's adopted RECOMMENDATION: Approve the attached Employment Agreement. REVIEWED BY: Philip Moir�V, County Administrator Date 2 of 2 EMPLOYMENT AGREEMENT MARK MCCAULEY THIS EMPLOYMENT AGREEMENT ("this Agreement) dated this 12th day of June 2017 is between Jefferson County, Washington, a municipal corporation ("the County") and Mark McCauley ("McCauley"), both of whom agree as follows: WITNESSETH: WHEREAS, the County desires to retain the services of Mark McCauley as the County's Central Services Director; WHEREAS, it is the desire of the Board of County Commissioners of the County, on behalf of the County, to provide certain benefits, establish certain conditions of employment and to set working conditions of said McCauley; and, WHEREAS, it is the desire of the County to: (1) secure and retain the services of McCauley and to provide inducement for him to remain in such employment; (2) to make possible full work productivity by assuring McCauley'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 McCauley, and, (4) to provide a just means for terminating McCauley's services; and, WHEREAS, McCauley desires to accept employment as Central Services Director for the County. NOW, THEREFORE, in consideration of the mutual covenants contained in this Agreement, the parties agree as follows: Section 1. Duties The County agrees to employ said Mark McCauley as the Central Services Director for the County to perform the functions and duties as specified in the Job Description for the Central Services Director as presently adopted and as may be amended in the future, and as specified in state law and by the Ordinances and Resolutions of the County, and to perform other legally permissible and proper duties and functions as the County or its designee shall assign from time to time. Section 2. Term 1. McCauley shall be employed for an indefinite term commencing on June 19, 2017, and shall serve at the pleasure of the County Administrator. McCauley shall be considered an "at -will" employee of the County. 2. Nothing in this Agreement shall prevent, limit or otherwise interfere with the right of the County to terminate the services of McCauley at any time, subject only to the provisions set forth in Section 14 of this Agreement. Page 1 of 8 Mark McCauley Employment Agreement 3. Nothing in this Agreement shall prevent, limit or otherwise interfere with the right of McCauley to resign at any time from his position with the County, subject only to the provision set forth in Section 14.4 of this Agreement. 4. McCauley is granted continuing employment status with County and agrees to remain in the exclusive employ of the County and neither to accept other employment nor to become employed by any other employer, except as provided in this Agreement. 5. The term "employed" shall not be construed to include occasional teaching, writing or consulting service performed on McCauley's own time off, provided they are consistent with Chapter 42.23 RCW and Jefferson County's Code of Ethics. Section 3. Salary 1. County agrees to start McCauley on the Exempt Salary Matrix at Grade 23, Step 10, which is $9,169.10 per full month worked and pro -rated for any partial month worked. 2. Annual step increases and/or general wage adjustments will be provided in the same manner as other Exempt employees of the County, pursuant to the salary rates of the Exempt Salary Matrix. Section 4. Benefits 1. Except as described in this Agreement, McCauley shall receive the same Employee Benefits as the County's other Exempt Employees, which shall be administered pursuant to adopted County policies and the Jefferson County Personnel Administration Manual. All provisions of the Code of Ordinances, and regulations and rules of the County relating to personal time off, holidays and other fringe benefits and working conditions as they now exist or hereafter may be amended, also shall apply to McCauley as they would to other Exempt employees of the County, in addition to said benefits enumerated specifically for the benefit of McCauley, except as otherwise provided in this Agreement. 2. Personal Time Off (P.T.O.): As of June 19, 2017, McCauley's starting Personal Time Off (P.T.O.) account will be credited with 120 hours (15 days). 3. Personal Time Off is 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 of the Jefferson County Personnel Administration Manual, starting at a rate of nineteen (19) days per year for the first three years, and increasing thereafter per the County's adopted P.T.O. schedule in Section 3.4 of Chapter 6, and shall accrue monthly on a pro -rated basis. Use of P.T.O. during McCauley's evaluation period is limited and by approval of the County Administrator. P.T.O. Banking and cash out shall be pursuant to Chapter 6 of the Jefferson County Personnel Administration Manual. In the event McCauley leaves County employment during the evaluation period, the P.T.O. bank is not eligible for cash out. In addition to the accrual pursuant to Section 3.4, up to three additional non -accruable PTO days per year will be provided to McCauley based on tenure, pursuant to Section 3.9 of Chapter 6. Page 2 of 8 Mark McCauley Employment Agreement 4. Holidays: McCauley shall be entitled to holidays pursuant to Section 4.0 of Chapter 6 of the Jefferson County Personnel Administration Manual. This includes 1 (one) floating non -accruing holiday banked on McCauley's anniversary/hire date. 5. Bereavement: McCauley may avail himself to the same consideration with regard to bereavement leave as is afforded all other general employees of County. 6. Health Benefits: The County agrees to put into force and to make required premium payments for McCauley for health and welfare benefits under the terms and conditions afforded other Exempt staff of the County. 7. COBRA: The County will also pay health, vision and dental COBRA premiums for McCauley until County's coverage for McCauley becomes effective. 8. Retirement: McCauley 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 the County, and the County shall make employer contributions as afforded all other Exempt staff of the County. Section 5. Performance Evaluation 1. McCauley shall have a 6 (six) 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. McCauley may be terminated without notice and without cause during the evaluation period or at its completion. 2. Performance of McCauley 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 McCauley 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 McCauley's employment personnel file. 3. The County Administrator may review and evaluate the performance of McCauley in writing at least once every 12 (twelve) months from the date of employment. Section 6. Hours of Work It is recognized that McCauley may be required to devote time outside normal office hours, and to that end, the County recognizes that there will be occasions at which McCauley will work non-traditional hours. Both parties recognize that McCauley is an Exempt employee as defined by the Fair Labor Standards Act. Page 3 of 8 Mark McCauley Employment Agreement Section 7. Automobile If McCauley is required through circumstance to use a personal automobile for business McCauley is entitled to receive mileage allowance in accordance with the Personnel Administration Manual, Appendix D - Travel and Transportation Policy and Procedures. Section 8. Office Equipment McCauley's duties require unrestricted use at all times during employment with the County 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. Section 9. Dues and Subscriptions The County agrees to pay for the membership and annual dues of McCauley with at least one professional organization for McCauley's continued professional participation, growth and advancement, and for the good of the County, as budgeted. The County will also pay for subscriptions to publications necessary for McCauley's continued professional participation, growth and advancement, and for the good of the County, as budgeted. Section 10. Professional Development The County agrees pay the registration, travel and subsistence expenses of McCauley for meetings and conferences of professional associations, state, and regional groups of which McCauley serves as a member, as budgeted funds allow. Time while at such meetings and conferences is considered time worked. Section 11. General Expenses The County recognizes that certain expenses of a non -personal and job -affiliated nature are incurred by McCauley, so the County agrees to reimburse or to pay said general expenses and the County Auditor is authorized to disburse such monies upon receipt of duly executed expense or petty cash vouchers, receipts, statements or personal affidavits. Such payments are to be regulated by the disbursement rules of the County. Section 12. Civic Club Memberships The County recognizes the desirability of representation in and before local, civic and other organizations, and McCauley is authorized to become a member of various civic groups at his own expense under the same provisions as other employees of the County. Page 4 of 8 Mark McCauley Employment Agreement Section 13. Indemnification and Bond 1. The County shall defend, save harmless and indemnify McCauley 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 McCauley's duties resulting from the exercise of judgment or discretion in connection with the performance of duties or responsibilities, unless the act or omission involves ultra vires, willful or wanton conduct. McCauley may request and the County shall indemnify McCauley 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 McCauley in connection with or resulting from any claim, action, suit, or proceeding, actual or threatened, arising out of or in connection with the performance of his duties. Any settlement of any claim against McCauley individually must be made with prior approval of the County for indemnification, as provided in this Section, to be available. 2. Further, the County agrees to pay all reasonable litigation expenses of McCauley throughout the pendency of any litigation to which McCauley is a party, witness or advisor to the County. Such expense payments shall continue beyond McCauley's service to the County as long as litigation is pending. Further, the County agrees to pay McCauley reasonable consulting fees travel expenses when McCauley serves as a witness, advisor or consultant to the County beyond McCauley's service to the County regarding pending litigation. 3. The County shall bear the full cost of any fidelity or other bonds required of McCauley under any law or ordinance. Section 14. Termination and Severance 1. In the event the County no longer wishes to avail itself of the services of McCauley, the County shall endeavor to give McCauley one (1) month advance notice so that he may obtain suitable employment elsewhere. In such case, the County shall provide McCauley time off and/or other flexibility in work duties as may be necessary to seek other employment. 2. After the evaluation period, should McCauley be terminated by the County with or without cause during such time that McCauley is willing and able to perform his duties under this Agreement, then the County agrees to pay McCauley, as severance, a cash payment equal to 3 (three) months of McCauley's then current annual compensation, including salary and the amount paid by the County for McCauley's health, dental and vision coverage, minus federal payroll deductions. Further, the payment of said severance is expressly conditioned upon McCauley and the County executing a separation and release agreement that shall settle and release any and all claims McCauley may have, known or unknown, against the County. Such severance payment shall release fully and finally the County from any and all further obligations to McCauley under this Agreement. Any severance shall be paid in a lump sum within 30 (thirty) days of termination unless otherwise agreed to by the County and McCauley. 3. If McCauley resigns following an offer by the County Administrator to accept McCauley's resignation, whether such offer is written or verbal, then McCauley may declare a termination under Section 14.2 of this Agreement. Page 5 of 8 Mark McCauley Employment Agreement 4. McCauley shall give the County at least 1 (one) month notice in advance of his voluntarily resignation from the appointed position, unless the parties otherwise agree. Section 15. Other Terms and Conditions of Employment 1. Moving Cost: The County will reimburse McCauley for moving expenses to establish primary residency in Jefferson County, up to $2,000, if established within 24 (twenty-four) months after hire, and upon submission of receipts demonstrating actual moving expenses. 2. The County, in consultation with McCauley, shall fix any such other terms and conditions of employment, as it may determine from time to time, relating to the performance of McCauley, provided such terms and conditions are not inconsistent with or in conflict with the provisions of this Agreement, the ordinances, or any other law. Section 16. No Reduction of Benefits The County shall not at any time during the term of this Agreement reduce the salary, compensation or other financial benefits of McCauley, except to the degree of such a reduction across- the-board for all management employees of the County. Section 17. 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: THE COUNTY: Jefferson County, Washington County Administrator P.O. Box 1220 Port Townsend, Washington 98368 MCCAULEY: Mark McCauley 2511 NE 164th Street Ridgefield, WA 98642 2. Either party shall notify the other in writing as to a change in address, and that address shall be substituted for purposes of mailed notice under this subsection. 3. Alternatively, notices required pursuant to this Agreement may be served personally 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 of 8 Mark McCauley Employment Agreement Section 18. General Provisions 1. Each party has read this agreement in its entirety and knows the contents of this agreement. The text of this agreement shall constitute the entire agreement between the parties and its terms are contractual, not a mere recital. Except as specifically provided in this agreement, this agreement supersedes all prior or simultaneous representations, discussions, negotiations, and agreements, whether written or oral. 2. It is understood and agreed that this agreement is entered into in the State of Washington. It is agreed that this agreement shall be governed by and construed in accordance with the laws of the United States and of the State of Washington as if applied to transactions entered into and to be performed wholly within Washington between Washington residents. No party shall argue or assert than any law other than Washington law applies to the governance or construction of this agreement. 3. The parties acknowledge that there have been no inducements or representations upon which any of the parties have relied entering into this agreement, except as expressly set forth in this agreement. 4. The parties do not intend, and nothing in this agreement shall be construed to mean, that any provision in this agreement is for the benefit of any person or entity who is not a party. 5. This Agreement shall be binding upon and inure to the benefit of the heirs at law and executors of McCauley. 6. Upon ratification by the Board of County Commissioners, this Agreement shall become effective on June 19, 2017. 7. The parties understand, intend, and agree that this agreement and each of the terms, covenants, and provisions of this agreement shall be enforced to the greatest extent permitted by law. If any provision, or any portion of this Agreement is held unconstitutional, invalid or unenforceable, the remainder of this Agreement, or portion of this Agreement, shall be deemed severable, shall not be affected and shall remain in full force and effect. If any part of this agreement is found invalid or unenforceable, that part will be amended to achieve as nearly as possible the same economic effect as the original provision and the remainder of this agreement will remain in full force. 8. The 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. 9. The parties agree that they shall facilitate, in good faith, the effectuation of this agreement. 10. The parties agree that each of the parties may sign separate copies of this agreement and this agreement will have the same force and effect as if all the parties had signed the original. 11. This agreement may be amended or supplemented only by a writing that is signed by duly authorized representatives of all of the parties. Page 7 of 8 Mark McCauley Employment Agreement Section 19. Expiration This Agreement shall renew automatically on June 19 of every year beginning on June 19, 2018, unless otherwise terminated at any time by the County or McCauley in a manner consistent with Section 14 of this Agreement. If termination of this Agreement is undertaken by either party to this Agreement in a manner consistent with Section 14 of this Agreement, and if the terms of Section 14 and this Section are in conflict, then the terms of Section 14 shall control. APPROVED this 12�' day of June, 2017. JEFFERSON COUNTY BOARD OF COMMISSIONERS Kathleen Kier, Chair MARK MCCAULEY: date Mark Mc ley d! at4 Philip Morley, County Administrator date ATTEST: Carolyn Avery, Deputy Clerk of the Board APPROVED AS TO FORM ONLY: �9. r. /�Ck� Philip H sucker, Chief Civil Deputy Prosecuting Attorney Page 8 of 8