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HomeMy WebLinkAbout043018_ca05615 Sheridan Street Port Townsend, WA 98368 )ej�euon www.JeffersonCountyPublicHealth.org Public Health Consent Agenda April 24, 2018 JEFFERSON COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST TO: Board of County Commissioners Philip Morley, County Administrator FROM: Vicki Kirkpatrick, Director DATE: April 30, 2018 SUBJECT: Agenda Item — Employment Agreement — Lori Fleming; 5/1/2018 — Until Terminated STATEMENT OF ISSUE: Jefferson County Public Health requests approval of Employment Agreement — Lori Fleming; 5/1/2018 — Until Terminated. ANALYSIS/ STRATEGIC GOALS/PRO'S and CON'S: Jefferson County Public Health would like to retain the services of Lori Fleming as Jefferson County's CHIP Executive Director, and Web Maintenance and Digital Communication Specialist. These are two separate positions: A FLSA- Exempt position titled CHIP Executive Director at a 0.5 FTE and a union represented, non-exempt, FLSA position titled Web Maintenance and Digital Communications Specialist at a 0.3 FTE that is covered under the UFCW Local 21 union. FISCAL IMPACT/COST BENEFIT ANALYSIS: The hourly rate for the 0.5 FTE CHIP Executive Director position is $33.52. The hourly rate for the 0.3 FTE Web Maintenance and Digital Communications Specialist position will be governed by the UFCW Local 21 salary matrix for grade 28, step 1. Funding for the CHIP Executive Director position will come from Jefferson County, City of Port Townsend, and Jefferson Healthcare. RECOMMENDATION: JCPH Management recommends BOCC signature of the Employment Agreement — Lori Fleming; 5/1/2018 — Until Terminated REVIEWED BY: Philip Morley, u Administ Date Community Health Environmental Health Developmental Disabilities Water Quality 360-385-9400 360-385-9444 360-385-9401 (f) Always working for a safer and healthier community (f) 360-379-4487 EMPLOYMENT AGREEMENT Lori Fleming THIS AGREEMENT, made and entered into this 1St Day of May, 2018, by and between Jefferson County, Washington, a municipal corporation, hereinafter called `Employer,' and Lori Fleming hereinafter called `Employee,' both of who agree as follows: WITNESSETH: WHEREAS, Employer desires to retain the services of said Lori Fleming as Jefferson County's CHIP Executive Director, and Web Maintenance and Digital Communication Specialist; and WHEREAS, Employee desires to accept employment as CHIP Executive Director, and Web Maintenance and Digital Communication Specialist for Jefferson County, Washington; and WHEREAS, Employer recognizes employee will be serving in two separate positions: A FLSA- Exempt position titled CHIP Executive Director at a 0.5 FTE and a union represented, non-exempt, FLSA position titled Web Maintenance and Digital Communications Specialist at a 0.3 FTE that is covered under the UFCW Local 21 union. The most recent Union Contract and County Personnel Rules, as may be amended, will govern that position; NOW, THEREFORE, in consideration of the mutual covenants herein contained, the parties agree as follows: Section 1. Duties Employer hereby agrees to employ said Lori Fleming in the exempt position of CHIP Executive Director and in the UFCW Local 21 represented position of Web Maintenance and Digital Communication Specialist for Jefferson County to perform the functions and duties as specified in the Job Descriptions for the CHIP Executive Director and for the Web Maintenance and Digital Communication Specialist as presently adopted and as may be amended in the future, and as specified in state law and by the Ordinances of said County, and to perform other legally permissible and proper duties and functions as the Employer or its designee shall assign from time to time. Section 2. Term 1. The Employee shall be employed as the CHIP Executive Director for an indefinite term commencing on May 1, 2018, and shall serve at the pleasure of the Public Health Director. Employee shall be considered an "at -will" employee of the Employer. The Web Maintenance and Digital Communication Specialist position will be governed by the most recent UFCW Local 21 Contract (and successor agreements). 2. Nothing in this agreement shall prevent, limit or otherwise interfere with the right of the Employer to terminate the services of Employee as the CHIP Executive Director at any time, subject only to the provisions set forth in Section 14 of this agreement. 3. Section 2.2 does not apply to the Web Maintenance and Digital Communication Specialist position. Page 1 of 7 Lori Fleming Employment Agreement 4. Nothing in this agreement shall prevent, limit or otherwise interfere with the right of the Employee to resign at any time from her position with Employer, subject only to the provision set forth in Section 14.2 of this agreement. 5. Employee is hereby granted continuing employment status with Employer and agrees to remain in the exclusive employ of the Employer and neither to accept other employment nor to become employed by any other employer except as provided herein. 6. The term "employed" shall not be construed to include occasional teaching, writing or consulting service performed on employee's own time off, provided they are consistent with Chapter 42.23 RCW and Jefferson County's Code of Ethics. Section 3. Salary 1. Employer agrees to start Employee (in her CHIP Executive Director position) at the CHIP Executive Director salary level at $35,000 per Year for 0.5 FTE which is $2,916.67 per full month worked half-time. Because the GEMS financial system will not allow for paying an employee both at a monthly rate (as Exempt employees are paid) and an hourly rate (as non-exempt employees are paid), Employee's pay stubs will show the Exempt salary converted to an hourly rate of $33.52 for 20 hours each week, specifically for purposes of payroll system requirements; plus the hourly rate for the Web Maintenance and Digital Communications Specialist position for the actual hours worked in that non- exempt position. 2. Paying Employee in her CHIP Executive Director position at her monthly salary, but showing an hourly rate paid for 20 hours each week, in no way affects her Exempt status in this position and she will be in control of her hours worked in her Exempt position for purposes of meeting job requirements. 3. General wage adjustments will be provided in the same manner as other Exempt employees of the Employer, pursuant to the salary rates of the Exempt Salary Matrix. Any additional wage adjustments will be determined by the CHIP Oversight Committee (represented by Jefferson Healthcare Management and Jefferson County Health Department Management) subject to availability of adequate CHIP funding and in alignment with the Jefferson County Exempt Salary Matrix. 4. Section 3. Salary does not apply to the 0.3 FTE Web Maintenance and Digital Community Specialist position. It will be governed by the UFCW Local 21 salary matrix contained in the most recent Collective Bargaining agreement (and its successor agreements). Section 4. Benefits 1. Except as described herein, Employee shall receive the same Employee Benefits as Jefferson County Employees, which shall be administered pursuant to adopted County policies and the Jefferson County Administration Manual. All provisions of the Code of Ordinances, and regulations and rules of the Employer 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 Employee as they would to other employees of Employer, in addition to said benefits enumerated specifically for the benefit of Employee Page 2of7 Lori Fleming Employment Agreement except as herein provided. 2. Vacation and Sick Leave in Lieu of Personal Time Off (P.T.O.): Exempt positions typically accrue Paid Time Off (PTO) in lieu of Vacation and Sick Leave. Because the GEMS financial system will not allow for accruing for an employee both PTO (for an Exempt position) and Vacation and Sick Leave (for a non-exempt position), Employee agrees that for her 86.67 hours per month in her half-time Exempt position, she will accrue Vacation Leave and Sick Leave at her current accrual rates of .0385 for Vacation and .0462 for Sick Leave per hour worked in lieu of .0731 PTO per hour worked. Vacation and Sick Leave rates will increase according to Jefferson County policy based on her longevity as a County employee. 3. Holidays: Employee shall be entitled to holidays pursuant to Chapter 6 of the Jefferson County Personnel Administration Manual. This includes one (1) floating non -accruing holiday banked on Employee's anniversary date. Up to three (3) additional floating non -accruing holidays may be earned, based on tenure and the schedule in the Jefferson County Personnel Administration Manual. Employee will continue to accrue floating non -accruing holidays beginning at her current rate. 4 Employee may avail herself to the same consideration with regard to bereavement leave as is afforded all other general employees of Employer. 5 Health Benefits: Employer agrees to continue and to make required premium payments for Employee for health and welfare benefits under the terms and conditions afforded other staff of Jefferson County. Employee will suffer no reduction in current health benefits. 6. Retirement: Employee will continue to be a contributing member of the Washington State Public Employees Retirement System (PERS) and Social Security in the same manner afforded all other Exempt staff of Jefferson County, and Employer shall make employer contributions as afforded all other Exempt staff of the Employer. Section 5. Performance Evaluation 1. Employee shall have a six (6) month evaluation period. In the event extenuating circumstances interrupt the evaluation period or result in unsatisfactory completion, the County Administrator may extend the evaluation period for up to an additional 6 (six) months. Employee may be terminated without notice and without cause during the evaluation period or at its completion. In the event that Employee is removed from the Exempt CHIP Executive Director position, she shall be reinstated to a position within the health department providing 32 hours per week employment. Performance of Employee will be evaluated in writing by the Health Department Director at least once every 3 (three) months during the evaluation period. The Health Department Director shall review the performance of Employee at the end of the trial period and may document successful completion of the evaluation period by approving a Payroll Status Change Form, a copy of which will be placed in Employee's employment personnel file. 2. The Web Maintenance and Digital Communication Specialist .3 FTE portion of Employee's employment will be governed by the UFCW Local 21 most recent collective bargaining agreement and its successor agreements. Page 3 of 7 Lori Fleming Employment Agreement 3. The Health Department Director may review and evaluate the performance of Employee in writing at least once every 12 (twelve) months from the date of employment. Section 6. Hours of Work It is recognized that Employee may be required to devote time outside normal office hours, and to that end Employer recognizes that there will be occasions at which Employee will work non- traditional hours. Both parties recognize that Employee is an Exempt employee as defined by the Fair Labor Standards Act for the .5 FTE CHIP Executive Director Position. Employee may flex work hours as needed in order to ensure that hours worked do not exceed forty (40) hours per week. Per the UFCW Local 21 collective bargaining agreement, any hours beyond 12 hours per week for the Web Maintenance and Digital Communication Specialist must be pre -approved by the Health Department Deputy Director. Section 7. Automobile If Employee is required through circumstance to use their own automobile for business Employee is entitled to receive mileage allowance in accordance with the Personnel Administration Manual, Appendix D - Travel and Transportation Policy and Procedures. Section 8. Office Equipment Employee's duties require that she shall have use at all times during employment with Employer of a personal computer, including hardware, software and printer and shall be subject to the same use restrictions as outlined in the Jefferson County Personnel Administration Manual and County policy. Section 9. Dues and Subscriptions Employer may pay for the professional dues and subscriptions of Employee deemed important for her continued professional participation, growth and advancement, and for the good of the Employer, as budgeted. Section 10. Professional Development Employer agrees to pay the registration, travel and subsistence expenses of Employee for meetings and conferences of professional associations, state, and regional groups of which Employee serves as a member or when the training and/or education is directly related to the work and is for the good of the Employer, as budgeted funds allow. Time while at such meetings and conferences is considered time worked. Section 11. General Expenses Employer recognizes that certain expenses of a non -personal and generally job -affiliated nature are incurred by Employee, and hereby agrees to reimburse or to pay said general expenses and the Page 4of7 Lori Fleming Employment Agreement County Auditor is hereby 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 Employer. Section 12. Civic Club Memberships For the CHIP Executive Director position, Employer recognizes the desirability of representation in and before local, civic and other organizations, and Employee is authorized to become a member of various civic groups at her own expense under the same provisions as other employees of the Employer. Section 13. Indemnification and Bond 1. Employer shall defend, save harmless and indemnify Employee against any tort, professional liability claim or demand or any other legal action, whether groundless or otherwise, arising out of an alleged act or omission occurring in the performance of Employee's duties resulting from the exercise of judgment or discretion in connection with the performance of duties or responsibilities, unless the act or omission involve willful or wanton conduct. The Employee may request and the Employer shall indemnify Employee against any and all losses, damages, judgments, interest, settlements, fines, court costs and other reasonable costs and expenses of legal proceedings including attorney's fees, and any other liabilities incurred by, imposed upon, or suffered by such Employee in connection with or resulting from any claim, action, suit, or proceeding, actual or threatened, arising out of or in connection with the performance of her duties. Any settlement of any claim against Employee individually must be made with prior approval of the Employer for indemnification, as provided in this Section, to be available. Further, Employer agrees to pay all reasonable litigation expenses of Employee throughout the pendency of any litigation to which the Employee is a party, witness or advisor to the Employer. Such expense payments shall continue beyond Employee's service to the Employer as long as litigation is pending. Further, Employer agrees to pay Employee reasonable consulting fees travel expenses when Employee serves as a witness, advisor or consultant to Employer beyond Employee's service to the Employer regarding pending litigation. 2. Employer shall bear the full cost of any fidelity or other bonds required of the Employee under any law or ordinance. Section 14. Termination 1. In the event Employer no longer wishes to avail itself of the CHIP Executive Director services of Employee, the Employee will be restored to a .5 FTE position within the Jefferson County Public Health Department which, together with the .3 FTE Web Maintenance and Digital Communication Specialist, will provide Employee with 32 hours of employment per week. In the event Employee is restored to a .8 FTE position (including retention of the .3 FTE Web Maintenance and Digital Communication Specialist), Employee and the Employer will, in relation to the CHIP Executive Director position, execute a separation and release agreement that shall settle and release any and all claims Employee may have, known or unknown, against the County. Page 5 of 7 Lori Fleming Employment Agreement 2. The Employee shall give Employer at least one (1) month notice in advance of her voluntarily resignation from the appointed position, unless the parties otherwise agree. Section 15. Other Terms and Conditions of Employment — CHIP Executive Director 1. The Employer, in consultation with the Employee, shall fix any such other terms and conditions of employment, as it may determine from time to time, relating to the performance of Employee, provided such terms and conditions are not inconsistent with or in conflict with the provisions of this agreement, the ordinances, or any other law. Section 16. No Reduction of Benefits Employer shall not at any time during the term of this agreement reduce the salary, compensation or other financial benefits of Employee, except to the degree of such a reduction across-the-board for all management and/or union employees of the Employer. 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: EMPLOYER: Jefferson County, Washington Jefferson County Public Health Director 615 Sheridan Street Port Townsend, Washington 98368 EMPLOYEE: Lori Fleming 1404 Chestnut Street Port Townsend, WA 98368 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. 2. Alternatively, notices required pursuant to this agreement may be personally served in the same manner as provided by law. Notice shall be deemed given as of the date of personal service or as of the date of deposit of such written notice in the course of transmission in the United States Postal Service. Section 18. General Provisions The text herein shall constitute the entire agreement between the parties. 2. This agreement shall be binding upon and inure to the benefit of the heirs at law and executors of Employee. Page 6 of 7 Lori Fleming Employment Agreement 3. Upon ratification, this agreement shall become effective on May 1, 2018. 4. If any provision, or any portion thereof, contained in this agreement is held unconstitutional, invalid or unenforceable, the remainder of this agreement, or portion thereof, shall be deemed severable, shall not be affected and shall remain in full force and effect. 5. Jefferson County, as a political subdivision and local government of the State of Washington, is subject to the Public Records Act, codified at Chapter 42.56 RCW, and as such this Agreement (and any attachments) is a "Public Record" subject to that state law. Section 19. Expiration This agreement shall renew automatically on May 1 of every year beginning on May 1, 2019 unless either the Employer or Employee terminate the Agreement 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. The Board of County Commissioners has caused this Agreement to be signed and executed and the Employee has signed and executed this Agreement, effective the day and year first written above. EXECUTED this day of April, 2018. EMPLOYER: BOARD OF COMMISSIONERS David Sullivan, Chair ATTEST: Erin Lundgren, Clerk of the Board Page 7 of 7 EMPLOYEE: 1 Lori Fleming APPROVED AS TO FORM ONLY: Philip C. Hunsucker Chief Civil Deputy Prosecutor Jefferson County Prosecutor's Office