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HomeMy WebLinkAbout062518_ca09 JEFFERSON COUNTY BOARD OF COUNTY COMMISSIONERS CONSENT AGENDA REQUEST TO: Board of County Commissioners 10PA FROM: Philip Morley, County Administrator DATE: June 25, 2018 RE: Employment Agreement for William Bence as Director of Emergency Management STATEMENT OF ISSUE: County Commissioner approval is requested of the attached Employment Agreement for William Bence as Director of Jefferson County's Department of Emergency Management. Mr. Bence has been selected to be the next Director of Emergency Management after an extensive recruitment and candidate evaluation process. ANALYSIS: As Director of the Department of Emergency Management(DEM), Mr. Bence fills a critical position serving the citizens of Jefferson County. Lynn Sterbenz, our current Director of Emergency Management, is leaving the County after ably serving a year and a half providing the Department strategic direction to support its continued growth in partnership with first responders, neighborhoods, and community organizations, following Bob Hamlin's 17-year tenure leading Jefferson County's DEM. Mr. Bence comes from Humboldt State University where he has served since 2015 as Emergency Management Coordinator. Upon approval of the proposed Employment Agreement, Mr. Bence will start on Monday, July 9, overlapping with Lynn Sterbenz for the balance of July to ensure a smooth transition. Mr. Bence was chosen from a field of 23 candidates. Two finalists each participated in three separate interviews: one interview with a panel of citizen neighborhood preparedness representatives and health staff; a second interview with a panel selected from DEM's Incident Management Team including law, fire and other first responder agencies; and a third interview with a panel of County Administrator Philip Morley, County Commissioner Kathleen Kler, Port Townsend Mayor Deborah Stinson, and DEM EOC Supervisor John Crooks. Panelists were impressed by Mr. Bence's extensive experience working with volunteers in disaster recovery, as well as his passion for educating and training people in emergency preparedness, response and recovery. As Emergency Management Coordinator for Humboldt State University in Arcata California, Mr. Bence was responsible for the campus Emergency Operations Center, provided training and exercises for campus security and staff, managed a CERT program, helped University departments prepare business continuity plans, and coordinated with preparedness, response and recovery efforts in the surrounding community. Prior to his position with the University, Mr. Bence held several positions with the American Red Cross in disaster management. He was the Disaster Program Manager for the Red Cross' Chapter in Portland Oregon, and was the Red Cross' Disaster Readiness and Response Coordinator for the California SafeCorps. During his four year tenure with the Red Cross, Mr. Bence responded to numerous large-scale incidents throughout the United States, including Superstorm Sandy in New York, several major tropical storms in Florida, wildfires throughout Oregon, and flooding in Colorado. Mr. Bence has a Master's in Emergency and Disaster Management from American Military University, and a BA from the University of California, Santa Barbara. Because our region is so isolated, emergency preparedness is critical, and Mr. Bence is passionate about empowering and leading citizens, neighborhoods and public entities to be prepared. Mr. Bence has the experience, training and the passion to build upon Lynn Sterbenz's and Bob Hamlin's legacy. FISCAL IMPACT: Funding for the position is included in the 2018 DEM budget. Funding for Mr. Bence to overlap with Lynn Sterbenz in July will likely require a 3rd Quarter Supplemental Budget request within the General Fund. RECOMMENDATION: Approve the attached Employment Agreement for William Bence as Director of Emergency Management. REVIEWED BY: -62# ,LOF Philip Morley, WMmy Administrato Date EMPLOYMENT AGREEMENT William Bence THIS AGREEMENT, made and entered into this day of , 2018, by and between Jefferson County, Washington, a municipal corporation, hereinafter called 'Employer,' and William Bence hereinafter called 'Employee,' both of who agree as follows: WITNESSETH: WHEREAS, Employer desires to retain the services of said William Bence as Jefferson County's Director of the Department of Emergency Management; and WHEREAS, it is the desire of the Board of County Commissioners of Jefferson County, Washington, on behalf of the Employer,to provide certain benefits, establish certain conditions of employment and to set working conditions of said Employee; and WHEREAS, it is the desire of the Employer to (1)secure and retain the services of Employee and to provide inducement for him to remain in such employment, (2)to make possible full work productivity by assuring Employee's morale and peace of mind with respect to future security, and (3)to provide a just means for terminating Employee's services; and WHEREAS, Employee desires to accept employment as Director of the Department of Emergency Management for Jefferson County, Washington; NOW,THEREFORE, in consideration of the mutual covenants herein contained,the parties agree as follows: Section 1. Duties Employer hereby agrees to employ said William Bence as the Director of the Department of Emergency Management for Jefferson County to perform the functions and duties as specified in the Job Description for the Director of the Department of Emergency Management as presently adopted and as may be amended in the future, and as specified in state law and by the Ordinances and Resolutions of said County,and to perform other legally permissible and proper duties and functions as the Employer or its designee shall assign from time to time. Section 2.Term 1. Employee shall be employed for an indefinite term commencing on July 9, 2018, and shall serve at the pleasure of the County Administrator. Employee shall be considered an "at- will" employee of the Employer. 2. Nothing in this agreement shall prevent, limit or otherwise interfere with the right of the Employer to terminate the services of Employee at any time, subject only to the provisions set forth in Section 14 of this agreement. Page 1 of 7 William Bence Employment Agreement 3. Nothing in this agreement shall prevent, limit or otherwise interfere with the right of the Employee to resign at any time from his position with Employer, subject only to the provision set forth in Section 14.4 of this agreement. 4. 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. 5. The term "employed" shall not be construed to include occasional teaching, writing or consulting service performed on employee's own time off, provided they are consistent with Chapter 42.23 RCW and Jefferson County's Code of Ethics. Section 3.Salary 1. Employer agrees to start Employee on the Exempt Salary Matrix at Grade 18, Step 7, which is$5,932.51 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 provided to other Exempt employees of the Employer, pursuant to the salary rates of the Exempt Salary Matrix. Section 4. Benefits 1. Except as described herein, Employee shall receive the same Employee Benefits as Jefferson 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 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 Exempt employees of Employer, in addition to said benefits enumerated specifically for the benefit of Employee except as herein provided. 2. Personal Time Off(P.T.O.): As of July 9, 2018, Employee's starting P.T.O. account will be credited with 120 hours (15 days). P.T.O. 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, Section 3.0 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 Employee'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 Employee 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 of Chapter 6, up to three additional non- accruable PTO days per year will be provided to Employee based on tenure, pursuant to Section Page 2of7 William Bence Employment Agreement 3.9 of Chapter 6. 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. 4. Bereavement: Employee may avail himself to the same consideration with regard to bereavement leave as is afforded all other Exempt employees of Employer. 5. Health Benefits: Employer agrees to put into force and to make required premium payments for Employee for health and welfare benefits under the terms and conditions afforded other Exempt employees of Jefferson County. Employer will also pay COBRA premiums for Employee until Employer's health coverage for Employee becomes effective. 6. Retirement: Employee shall be a contributing member of the Washington State Public Employees Retirement System (PERS)and Social Security in the same manner afforded all other Exempt employees of Jefferson County, and Employer shall make employer contributions as afforded all other Exempt employees 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. Performance of Employee will be evaluated in writing by the County Administrator at least once every 3 (three) months during the evaluation period.The County Administrator shall review the performance of Employee at the end of the evaluation period and may document successful completion of the evaluation period by approving a Payroll Status Change Form, a copy of which will be placed in Employee's employment personnel file. 2. The County Administrator 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. Section 7.Automobile Employee is encouraged to use a County pool vehicle for County business travel. If Employee is required through circumstance to use their own automobile for County business Employee is entitled to receive mileage allowance in accordance with the Jefferson County Page 3 of 7 William Bence Employment Agreement Personnel Administration Manual,Appendix D -Travel and Transportation Policy and Procedures. Section 8. Office Equipment Employee's duties require that he shall have unrestricted use at all times during employment with Employer of a personal computer, including hardware, software and printer and shall be subject to the same use restrictions as outlined in the Jefferson County Personnel Administration Manual and County policy. Section 9. Dues and Subscriptions Employer agrees to pay for the professional dues and subscriptions of Employee necessary for his full participation in national, state and local chapters of professional organizations such as the Washington State Emergency Management Association and for his continued professional participation,growth and advancement,for the good of the Employer, as budgeted. Section 10. Professional Development Employer agrees to pay the registration,travel and subsistence expenses of Employee to attend meetings and conferences of professional associations, state, and regional groups of which Employee serves as a member, as budgeted funds allow. Time while at such meetings and conferences is considered time worked. Section 11.General Expenses Employer recognizes that certain appropriate work-related expenses of a non-personal nature may be incurred by Employee, and hereby agrees to reimburse or to pay said expenses consistent with adopted County policies, and the 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 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 his own expense under the same provisions as other employees of the Employer. Section 13. Indemnification and Bond 1. Employer shall defend, hold 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 Page 4 of 7 William Bence Employment Agreement performance of duties or responsibilities, unless the act or omission involves willful,wanton or ultra vires 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 his duties, except when such conduct is willful,wanton or ultra vires. 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 and 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 and Severance 1. In the event Employer no longer wishes to avail itself of the services of Employee, Employer shall endeavor to give Employee one (1) month advance notice so that he may obtain suitable employment elsewhere. In such case, the Employer shall provide Employee time off and/or other flexibility in work duties as may be necessary to seek other employment. 2. After the evaluation period, should the Employee be terminated by the Employer with or without cause during such time that Employee is willing and able to perform his duties under this agreement,then the Employer agrees to pay Employee, as severance, a cash payment equal to three (3) months of Employee's then current annual compensation, including salary and the amount paid by Employer for Employee's health, dental and vision coverage. Further, the payment of said severance is expressly conditioned upon the Employee and the Employer executing a separation and release agreement that shall settle and release any and all claims Employee may have, known or unknown, against the County. Such severance payment shall fully and finally release the Employer from any and all further obligations to Employee under this Agreement. Any severance shall be paid in a lump sum within thirty(30) days of termination unless otherwise agreed to by Employer and Employee. 3. If the Employee resigns following an offer by the County Administrator to accept Employee's resignation, whether such offer is written or verbal, then the Employee may declare a termination under Section 14.2 of this Agreement. 4. The Employee shall give Employer at least one (1) month notice in advance of his voluntarily resignation from the appointed position, unless the parties otherwise agree. Page 5 of 7 William Bence Employment Agreement Section 15. Other Terms and Conditions of Employment 1. Residency& Moving Cost: As Emergency Management Director, Employee will establish and maintain residency in Jefferson County to ensure access to the Emergency Operations Center when activated. Employer will reimburse Employee for costs to establish residency in Jefferson County, up to$2,000, upon submission of receipts demonstrating actual expenses. 2. Except as otherwise provided herein, Employee shall be subject to all county employment policies and procedures, including but not limited to the Jefferson County Personnel Administration Manual, in the same manner as other County FLSA-exempt employees. 3. 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 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 County Administrator P.O. Box 1220 Port Townsend, WA 98368 EMPLOYEE: William Bence 567 East Street Trinidad, CA 95570 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. Page 6 of 7 William Bence Employment Agreement Section 18.General Provisions 1. The text herein shall constitute the entire agreement between the parties. 2. This agreement shall be binding upon and inure to the benefit of the heirs at law and executors of Employee. 3. Upon ratification, this agreement shall become effective on July 9, 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. S. 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 July 9 of every year beginning on July 9, 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 July 9, 2018. EXECUTED this day of , 2018. EMPLOYER: BOARD OF COMMISSIONERS EMPLOYEE:WILLIAM BENCE David Sullivan, Chair Date William Bence Date ATTEST: APPROVED AS TO FORM ONLY: Carolyn Avery, Deputy Clerk of the Board Philip Hunsucker, Chief Civil Deputy Prosecuting Attorney Page 7 of 7