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HomeMy WebLinkAboutMorley, Philip, County Administrator - 092208EMPLOYMENT AGREEMENT PHILIP MORLEY O(TL1r �j THIS AGREEMENT, made and entered into this day of 2008, by and between Jefferson County, Washington, a municipal corporation, hereinafter called 'Employer', as party of the first part, and Philip Morley hereinafter called `employee', as party of the second part, both of whom understands as follows: WITNESSETH: WHEREAS, Employer desires to retain the services of said Philip Morley as County Administrator; WHEREAS, it is the desire of the Board of County Commissioners of Jefferson County Washington, as the Employer, to provide certain benefits, establish certain conditions of employment and to set working conditions of said Employee; and WHEREAS, it is the desire of the Employer to (1) secure and retain the services of Employee and to provide inducement for him to remain in such employment, (2) to make possible full work productivity by assuring Employee's morale and peace of mind with respect to future security, (3) to act as a deterrent against malfeasance or dishonesty for personal gain on the part of Employee, and (4) to provide a just means for terminating Employee's services at such time as he may be unable fully to discharge his duties due to disability or when Employer may otherwise desire to terminate his employ; and WHEREAS, Employee desires to accept employment as County Administrator of Jefferson County, Washington; and NOW, THEREFORE, in consideration of the mutual covenants herein contained, the parties agree as follows: Section 1. Duties Employer hereby agrees to employ said Philip Morley as County Administrator of Jefferson County, Washington to perform the functions and duties 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 shall assign from time to time. Section 2. Term Nothing in this agreement shall prevent, limit or otherwise interfere with the right of the Employer to terminate the services of Employee at any time, subject only to the provisions set forth in Section 3 of this agreement. 2. Nothing in this agreement shall prevent, limit or otherwise interfere with the right of the Employee to resign at any time from his position with Employer, subject only to the provision set forth in Section 3, paragraph 5, of this agreement. Page 1 of 8 Philip Morley Employment Agreement 3. 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. 4. The term "employed" shall not be construed to include occasional teaching, writing or consulting service performed on employee's own time off. Section 3. Termination and Severance Notice In the event Employer no longer wishes to avail themselves of the services of Employee, Employer shall endeavor to give Employee six (6) months notice so that he may obtain suitable employment elsewhere. The Employer shall provide Employee time off and/or other flexibility in work duties as may be necessary to seek other employment. 2. Should the Employee be terminated by the Employer without such notice and during such time that Employee is willing and able to perform his duties under this agreement, then the Employer agrees to continue payment of salary and benefits to Employee for a period not to exceed six (6) months or until such time as the Employee obtains suitable employment elsewhere, whichever period is shorter. The six (6) months of this paragraph shall be measured from the date the Board (as the Employer) determines that Employee should be terminated. 3. In the event Employee is terminated for conviction of any illegal act involving personal gain to him, Employer shall have no obligation to pay the aggregate severance sum designated in this section. 4. If the Employee resigns following an offer to accept resignation, whether formal or informal, by the Employer as representative of the majority of the governing body that the Employee resign, then the Employee may declare a termination. 5. The Employee shall give Employer one month notice in advance of his voluntarily resignation from the appointed position, unless the parties otherwise agree. Section 4. Salary 1. Employer agrees to pay Employee for his services rendered pursuant hereto a base salary of $110,000 annually. Adjustable pursuant to sections 4.2 and 5.2 of this agreement. 2. Cost of living increases will be provided in the same manner as the elected and exempt employees of the County. Page 2 of 8 Philip Morley Employment Agreement Section 5. Performance Evaluation The Employer shall review and evaluate the performance of the Employee within six (6) months. Said review and evaluation shall be in accordance with specific criteria developed jointly by Employer and Employee. Said criteria may be added to or deleted from as the Employer may determine from time to time. The Employer will review and establish with the Employee strategic and management objectives for the Employee to address in the next year and may include input from the Employee's subordinates and management team. 2. The Employer and Employee shall define such goals and performance objectives which they determine necessary for the proper operation of the County and in the attainment of the Board's policy objectives and shall further establish a relative priority among those various goals and objectives, said goals and objectives to be reduced to writing. They shall generally be attainable within the time limitations as specified and the annual operating and capital budgets and appropriations provided. At the same time, the Employee shall provide a self-evaluation of the prior year's goals and objectives. Employee shall have the right to negotiate annual salary increases during each year end evaluation process for approval by the Board of Commissioners. 3. Each quarter of the year, the Employee shall complete a review of his progress on the goals and objectives provided to the Board of Commissioners. The Board shall review the quarterly reports and may, at their sole option, discuss with the Employee his progress over the prior quarter. Section 6. Hours of Work It is recognized that Employee must devote a great deal of time outside the normal office hours to business of the Employer, and to that end Employer recognizes that there will be occasions at which Employee will work non-traditional hours or will work out of the normal work space as required for successful operation of the Employer. Both parties recognize that Employee is an exempt employee as defined by the Fair Labor Standards Act. Section 7. Personal Business Activities Employee shall not spend more than 10 hours per week in teaching, consulting or other non - Employer connected business activity without the prior approval of the Board. Employee recognizes that he is in a position of trust in regard to his Employer and shall not conduct any personal business activities, which may conflict with the interest of Employer. Section 8. Automobile The Employee is entitled to receive mileage allowance in accordance with Resolution No. 25-05. Page 3 of 8 Philip Morley Employment Agreement Section 9. Personal Computer Employee's duties require that he shall have the exclusive and unrestricted use at all times during his employment with Employer of a personal computer, including hardware, software and laser printer. For home use, Employee shall provide the computer hardware but Employer shall provide technical support for said computer and software for installation on such hardware as is required in the performance of Employee's duties. Such software shall be compatible with the software in use by Employer's other employees. This provision is subject to the restrictions within Employer's communication policy. Section 10. Cellular Telephone Employee's duties require that he shall have the exclusive and unrestricted use at all times during his employment with Employer of a cellular telephone including air -time contract, provided to him by the Employer. This provision is subject to the Employer's communication policy. 2. Employer shall be responsible for paying for the purchase, operation, maintenance, and repair and if necessary, replacement of said cellular telephone. Employee shall be responsible for paying for any and all personal calls charged to said cellular telephone account. Section 11. Personal Time Off (Vacation, Sick -Leave & Floating Holidays) and Bereavement As of October 16th 2008., employee's P.T.O. account will be 27 days plus the 1 day floating non accruing holiday. 2. The P.T.O. accrual rate after the first year will be 32 days annually plus the 1 day floating non accruing holiday banked on Employee's anniversary date. 3. Employee may avail himself to the same consideration with regard to bereavement leave as is afforded all other general employees of employer. 4. Maximum banked accrued time will be 480 hours (60 days) 5. Refer to Chapter 6 section 3.5.3 of the Jefferson County Personnel Manual for the Banking and cash out policy. Section 12. Disability, Health and Life Insurance Benefits Employer agrees to put into force and to make required premium payments for Employee for health and welfare benefits under the terms and conditions afforded the management staff of Jefferson County. Employer will pay COBRA premiums for Employee and his family until Employer's health coverage for Employee becomes effective. Page 4 of 8 Philip Morley Employment Agreement Section 13. Retirement Employee shall participate in the retirement system afforded the management staff of Jefferson County. Section 14. Dues and Subscriptions Employer agrees to budget and to pay for the professional dues and subscriptions of Employee necessary for his continuation and full participation in national, regional, state and local associations and organizations necessary and desirable for his continued professional participation, growth and advancement, and for the good of the Employer. Section 15. Professional Development Employer hereby agrees to budget consideration for and to pay, if budgeted, the travel and subsistence expenses of Employee for professional and official travel, meetings and occasions adequate to continue the professional development of Employee and to adequately pursue necessary official and other functions for Employer, including but not limited to meetings and annual conferences of professional associations, state, regional and local leagues of governments and such other national, regional, state and local governmental groups and committees thereof which Employee serves as a member. Employee shall be provided administrative leave for the attendance at such meetings and annual conferences. 2. Employer also agrees to budget consideration for and to pay, if budgeted, the travel and subsistence expenses of Employee for short courses, institutes and seminars that are necessary for his professional development and for the good of the Employer. Employee shall be provided paid administrative leave for attendance at such courses, institutes or seminars. 3. Within sixty (60) days from the effective date of this contract, employee shall become a member of the International City County Management Association. Section 16. General Expenses Employer recognizes that certain expenses of a non -personal and generally job -affiliated nature are incurred by Employee, and hereby agrees to reimburse or to pay said general expenses and the County Auditor is hereby authorized to disburse such monies upon receipt of 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 17. 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 under the same provisions as other employees of the Employer. Page 5 of 8 Philip Morley Employment Agreement Section 18. Indemnification and Bond 1. Employer shall defend, save harmless and indemnify Employee against any tort, professional liability claim or demand or other legal action, whether groundless or otherwise, arising out of an alleged act or omission occurring in the performance of Employee's duties as County Administrator resulting from the exercise of judgment or discretion in connection with the performance of program 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 his or her duties. Employer shall not unreasonably refuse to provide independent legal representation at Employer's expense and Employer may not unreasonably withhold approval. Legal representation, provided by Employer for Employee shall extend until final determination of the legal action including any appeals shall extend until a final determination of the legal action including any appeals brought by either party The Employer shall indemnify employee against any and all losses, damages, judgments, interest settlements, fines, court costs, and expenses of legal proceedings including attorney fees, and any other legalities 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 or her duties. Any settlement of any claim must be made with prior approval of the Employer in or for indemnification, as provided in the 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 19. Other Terms and Conditions of Employment 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, charter or any other law. 2. All provisions of the Charter and Code of Ordinances, and regulations and rules of the Employer relating to vacation and sick leave, 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 general employees of Employer, in addition to said benefits enumerated specifically for the Page 6 of 8 Philip Morley Employment Agreement benefit of Employee except as herein provided. The Employer will pay the Employee Five Thousand Dollars Even ($5,000.00) to cover relocation costs. 4. A contribution of up to 5% of the Employee's annual salary may be paid to the Employee's choice of one of the Deferred Compensation Plans currently offered by the County. The County will match dollar for dollar of the Employee contribution until the 5% annual maximum contribution is reached. In the event the plan should provide for individual deferral the Employee may defer any amount in accordance with the plan. Section 20. 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 21. Notices 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 Chairman of the County Commission P.O. Box 1220 Port Townsend, Washington 98368 EMPLOYEE: Philip Morley 19248-93 d Place W. Edmonds, Washington 98020 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 22. 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. 3. This agreement shall become effective upon the date first written above. 4. If any provision, or any portion thereof, contained in this agreement is held unconstitutional, Page 7 of 8 Philip Morley Employment Agreement invalid or unenforceable, the remainder of this agreement, or portion thereof, shall he deemed severable, shall not be affected and shall remain in full force and effect. Section 23. Expiration This agreement shall renew automatically on October 16th of every year beginning on October 16th 2009, unless either the Employer or Employee terminate the Agreement in a manner consistent with Section 3 of this Agreement. If termination of this Agreement is undertaken by either party to this Agreement in a manner consistent with Section 3 of this Agreement and if the terms of Section 3 and this Section are in conflict, then the terms of Section 3 shall control. IN WITNESS WHEREOF, the Board of County Commissioners has caused this agreement to be signed and executed and duly attested by its Clerk and the Employee has signed and executed this agreement, both in duplicate, the day and year first written above. EFFECTIVE DATE OF THIS AGREEMENT: The � day of , 2008. EMPLOYER: EMPLOYEE: BOARD OF MMISSIONERS Phil Johnson, Chair Philip Mo ATTEST: zg&& �X; C/Y?G 15iulie Matthes, Deputy Clerk of the Board Page 8 of 8 AP ROVED AS TO FORM ONLY: owv-bi Q'V'A QL-t'� David Alvarez, Deputy Prosecuting Attorney