Loading...
HomeMy WebLinkAboutPleimann, Melissa -070219r x[211 �� A TeneUD EMPLOYMENT AGREEMENT Melissa Pleimann I THIS AGREEMENT, made and entered into this J � day of�2019, by and between Jefferson County, Washington, a municipal corporation, hereinafter called `Employer,' and Melissa Pleimann hereinafter called `Employee,' both of who agree as follows: WITNESSETH: WHEREAS, Employer desires to retain the services of Melissa Pleimann as a Deputy Prosecuting Attorney I in the Jefferson County Prosecuting Attorney's Office for a term of three years, which term may be extended by Employer upon mutual agreement; and WHEREAS, it is the desire of the Jefferson County Prosecuting Attorney and the County Administrator, on behalf of the Employer, to secure and retain the services of Employee and to provide certain benefits, establish certain conditions of employment and to set working conditions of said Employee; and WHEREAS, Employee desires to accept employment as Deputy Prosecuting Attorney I in the Jefferson County Prosecuting Attorney's Office; NOW, THEREFORE, in consideration of the mutual covenants, terms and conditions in this Agreement, the parties agree as follows: Section 1. Duties 1. Employer hereby agrees to employ Melissa Pleimann as Deputy Prosecuting Attorney I in the Jefferson County Prosecuting Attorney's Office beginning on July 1, 2019 through December 31, 2022. 2. Employee shall perform the functions and duties as specified in the Job Description for the Deputy Prosecuting Attorney I 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. 3. Employee shall also perform the duties of a Deputy Coroner. 4. Employee shall perform other legally permissible and proper duties and functions as the Prosecuting Attorney or designee shall assign from time to time. Section 2. Term 1. The Term of this Agreement shall be from its execution by all parties, through its termination at the conclusion of December 31, 2022, or as otherwise provided in this Agreement. 2. This Agreement shall automatically renew concurrent with the term of a renewal or extension of the Prosecution Services Agreement by and between Jefferson County and the City of Port Townsend, and may otherwise be extended upon mutual written agreement executed by the Employer and Employee. 3. 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. Melissa Pleimann Employment Agreement Page 2 of 8 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 14.4 of this Agreement. 5. Employee agrees to remain in the exclusive employ of the Employer for the term of this Agreement, 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 & Retention Incentive Employer agrees to start Employee on the Exempt Salary Matrix at Grade MGR 18, Step 4, which in 2019 is $5,524.10 per full month worked, 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. 3. In 2019, Employee shall earn a Retention Incentive payment of $5,000 for completing six full months continuous employment with the Prosecutor's Office, payable after December 31, 2019. For years 2020-2022, in each year Employee shall earn a Retention Incentive payment of $10,000 for completing each full year of continuous employment with the Prosecutor's Office, payable biannually ($5,000 after June 30 and $5,000 after December 31 of each year). If this Agreement is renewed or extended beyond 2022, Employee shall continue to earn a Retention Incentive upon completing each full year of continuous employment with the Prosecutor's Office, provided that the Retention Incentive shall successively be reduced by $1,000 increments each year beyond 2022. 4. In the event Employee should ever be promoted to a DPA II, and the DPA II grade is changed by the County to a MGR 20 grade, the Retention Incentive for the year of the new grade would be reduced by $6,000 compared to the prior year's, and would be further reduced in $1,000 increments each calendar year thereafter. If the change in grade takes place mid -year, the Retention Incentive adjustment for that year would be pro -rated for the time before and after the change in DPA II grade. 5. Retention Incentives shall be subject to customary lawful state and federal income deductions. Section 4. Benefits 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. Melissa Pleimann Employment Agreement Page 3 of 8 2. 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 provided in this Agreement. 3. Personal Time Off (P.T.O.): Use of P.T.O. during Employee's evaluation period is limited and by approval of the Prosecuting Attorney. P.T.O. Banking and cash out shall be pursuant to Chapter 6 of the Jefferson County Personnel Administration Manual based on when Employee first began employment with Jefferson County. In the event Employee leaves County employment during the evaluation period any balance accrued during the evaluation period shall not be eligible for cash out. 4. 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. 5. Employee will earn one (1) additional non -accruable PTO day per year, increasing by up to two more non -accruable PTO days based on tenure. 6. Bereavement: Employee may avail herself to the same consideration with regard to bereavement leave as is afforded all other Exempt employees of Employer. 7. Health Benefits: Employer agrees to make required premium payments for Employee for health and welfare benefits under the terms and conditions afforded other Exempt employees of Jefferson County. 8. 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. Evaluation Period and Performance Evaluations Employee shall have six (6) month evaluation period. In the event extenuating circumstances interrupt the evaluation period or result in unsatisfactory completion, the Prosecuting Attorney may extend the evaluation period for up to an additional six (6) months. Employee may be terminated without notice and without cause during the evaluation period or at its completion. 2. The Employee's performance will be evaluated in writing by the Prosecuting Attorney or designee at least once every three (3) months during the evaluation period. The Prosecuting Attorney or designee shall evaluate the performance of the Employee in writing at the end of the six (6) month evaluation period and may document successful completion of the evaluation period by submitting a Payroll Status Change Form for approval by the County Administrator, a copy of which will be placed in Employee's employment personnel file. The Prosecuting Attorney or designee will review and evaluate the performance of Employee in writing at least once every 12 (twelve) months from the date of employment. Melissa Pleimann Employment Agreement Section 6. Hours of Work Page 4 of 8 It is recognized that Employee may be required to devote time to work 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 her own automobile for County business, Employee is entitled to receive mileage allowance in accordance with the Jefferson County Personnel Administration Manual, Appendix D - Travel and Transportation Policy and Procedures. Section 8. Office Equipment Employee's duties require that she 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 her full participation in national, state and local chapters of professional organizations such as the Washington State Bar Association and for her 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 her own expense under the same provisions as other employees of the Employer. Melissa Pleimann Employment Agreement Page 5 of 8 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 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 her 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 Pursuant to RCW 36.27.040, the Prosecuting Attorney may revoke Employee's appointment at - will. 2. 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 she 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. 3. The Employee shall endeavor to 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 1. Except as otherwise provided in this Agreement, 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. 2. Employee must be admitted to practice by the Washington State Bar and be admitted or be able to be admitted to the United States District Court for the Western District of Washington. Melissa Pleimann Employment Agreement Page 6 of 8 Employee shall comply with all requirements of the Rules of Professional Conduct (RPC), including, but not limited to RPC 1.6, RPC 3.6, and RPC 3.8. 4. 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 Prosecuting Attorney P.O. Box 1220 Port Townsend, WA 98368 EMPLOYEE: Melissa Pleimann 7580 NE Harbor View Drive Poulsbo, WA 98370 Each 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 1. It is understood and agreed that this Agreement is entered into in the State of Washington. This Agreement shall be governed by a construed in accordance with the laws of the United States, the State of Washington and the County of Jefferson, as if applied to transactions entered into and to be performed wholly within Jefferson County, Washington between Jefferson County residents. No party shall argue or assert that any state law other than Washington law applies to the governance or construction of this Agreement. 2. Should either party bring any legal action, each party in such action shall bear the cost of its own attorney's fees and costs. The venue for any legal action shall be solely in the appropriate state court in Jefferson County, Washington, subject to the venue provisions for actions against counties in RCW 36.01.050. Melissa Pleimann Employment Agreement Page 7 of 8 3. The text in this Agreement shall constitute the entire agreement between the parties. No representation or promise not expressly contained in this Agreement has been made. The parties are not entering into this Agreement based on any inducement, promise or representation, expressed or implied, which is not expressly contained in this Agreement. This Agreement supersedes all prior or simultaneous representations, discussions, negotiations, and agreements, whether written or oral, within the scope of this Agreement. 4. No term or provision of this Agreement will be considered waive by either party, and no breach excused by either party, unless such waiver or consent in in writing signed on behalf of the party against whom the waiver is asserted. Failure of a party to declare any breach or default immediately upon the occurrence thereof, or delay in taking any action in connection with, shall not waive such breach or default. 5. Employee understands and agrees to follow Employer policies applicable to all County employees, including but not limited to the Employer's drug use policy and tobacco policy. 6. Any form of harassment, discrimination, or improper fraternization with any County employee is strictly prohibited. Neither the Employer nor Employee shall discriminate on the basis of any lawfully protected class. 7. This Agreement shall be binding upon the inure to the benefit of the parties' successors in interest, heirs and assigns. 8. The parties to 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. 9. This Agreement shall become effective upon: (a) Signature by the Prosecuting Attorney, the County Administrator and Employee; (b) Employees' successful completion and passing of a County Criminal background investigation to the satisfaction of the Prosecuting Attorney. 10. 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 to the fullest extent permitted by law. 11. 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 is a "Public Record" subject to that state law. Section 19. Expiration This Agreement shall expire at the conclusion of December 31, 2022, unless extended by mutual written agreement executed by all parties, or unless either the Employer or Employee terminate this Agreement prior to December 31, 2022 as described in Section 14 of this Agreement. Melissa Pleimann Employment Agreement Section 20. Representations and Warranties Page 8 of 8 The parties represent and warrant that: (1) Each party is fully authorized to enter into this Agreement; (2) That the making and performance of this Agreement will not violate any provision of law or of any party's articles of incorporation, charter, or by-laws; (3) Each corporate party has taken all necessary corporate and internal legal actions to duly approved the making and performance of this Agreement and that no further corporate or other internal approval is necessary; and, (4) Each party has read this Agreement in its entirety and know the contents of this Agreement, that the terms of this Agreement are contractual and note merely recitals, and that they have signed this Agreement. EXECUTED this� day of�019. EMPLOYER: Jefferson County EM OYE • Melissa Pleimann Gay, �r9 James Kennedy, Dat Melissa PfeimiM ate Prosecuting Attorney -7 Philipr y, Date County dministrator ATTEST: Carolyliqallal Deputy Cferk of the Board APPROVED AS TO FORM ONLY: Philip Hunsucker, Chief Civil D putt' Prosecuting Attorney O/Af \p MEMORANDUM Philip Morley 1820 Jefferson Street PO Box 1220 Port Townsend, WA 98368 To: County Commissioners James Kennedy, Prosecuting Attorney Erin Lundgren, Clerk of the Board/Human Resources Manager From: Philip Morley, Jefferson County Administrator Date: June 14, 2019 Subject: Prior Notice of Proposed Agreement in Excess of $50,000 This memorandum provides prior notice to the Board of County Commissioners of my intent to jointly execute an Employment Agreement in concert with Prosecuting Attorney James Kennedy to set the terms and conditions for hiring Melissa Pleimann as a Deputy Prosecuting Attorney I in the Prosecutor's Criminal Division for a limited term of July 1, 2019 through December 31, 2022 (though allowing for a possible extension should the City of Port Townsend extend or renew its agreement with the County for Prosecution Services), and providing for total annual compensation in excess of $50,000. BACKGROUND ON AUTHORITY DELEGATED TO THE COUNTY ADMINISTRATOR The BoCC adopted Resolution No. 27-15 in 2015 to clarify the executive and administrative authority it had previously delegated to the position of County Administrator, as codified in Chapter 2.01 of the County Code. Pursuant to the Resolution, "the County Administrator may undertake and complete all tasks or actions arising from the ... personnel action of a County employee, ... including but not limited to, the execution of ... such other documents, records or writings required to resolve or complete the employment action ...." However, the Resolution also requires that "the County Administrator shall provide prior notice to the Board of County Commissioners of any proposed agreement or settlement in excess of $50,000 cost to the County." Resolution No. 27-15 was founded upon the broad delegations previously adopted by the BoCC by ordinance and codified in County Code Chapter 2.01: County Administrator, including the following provisions: • JCC § 2.01.010(2) states, "The position of county administrator is hereby delegated the executive and administrative duties, functions, and powers conferred upon the board of county commissioners for the county...." • JCC § 2.01.080 Powers and duties lists the following: o "(2) Perform the full range of managerial oversight functions over all county administrative operations including ... prioritization of fiscal, human, and capital resources;" Phone (360) 385-9100 Pax (360) 385-9382 pmorley(dco.jefferson.wa.us o "(7) Provide selected centralized management functions in budget, ... human resources, and other support functions;" o "(10) Develop, implement and operate the county's ... policies and programs in ... Employee compensation, benefits and management of human resources;" JCC § 2.01.090 Construction states, "It is the intent of the board of county commissioners in adopting this chapter that it shall be liberally construed to achieve the objective of delegation of those executive powers necessary and appropriate to perform the duties delineated herein." PROPOSED EMPLOYMENT AGREEMENT On April 22, 2019 the Board of County Commissioners joined the County Prosecutor and the City of Port Townsend to approve a Prosecution Services Agreement whereby the Prosecuting Attorney's Office assumed prosecution of City misdemeanors, defending appeals of those City cases, and advising the City's police department and staff on related matters. The Prosecution Services Agreement runs through December 31, 2022, and each year the City pays the County $70,000, plus a 2Y2% escalator each year after the first year. On the basis of this revenue, plus the savings from a reorganization which reduced an existing full-time DPA II position to 60% of an FTE, the County Prosecutor was authorized to add a new full-time DPA I position for the limited term of the Agreement with the City. After advertising the position and evaluating the pool of applicants, the Prosecutor has offered the position to Melissa Pleimann, a Deputy Prosecuting Attorney for Pierce County, and Ms. Pleimann has accepted the offer. To complete the hire, the County needs to enter into an Employment Agreement with Ms. Pleimann, defining the limited term for the position, its compensation, and other terms of employment, including her appointment by the Prosecuting Attorney as a Deputy Prosecuting Attorney I. This classification is a MGR 18 grade in our exempt employee compensation matrix. Ms. Pleimann would be hired at an initial Step 4, and the total salary and benefits over the three year period well exceeds the $50,000, which is the threshold in Resolution No. 27-15 for giving prior notice to the Board. The proposed start date for Ms. Pleimann to join the Prosecutor's Office is July 1. The DPA I salary at Step 4 is $5,524.10 per month. Ms. Pleimann would progress in step each year thereafter, on her anniversary date in the position. The new Criminal DPA position was created in the Prosecutor's Office to handle the additional case load from the City. The Prosecutor advertised a DPA I or DPA II opening for an extended period, and attracted very few applicants. Before Ms. Pleimann applied, the Prosecutor tried twice to hire prior applicants, and both individuals declined. Successfully attracting any qualified attorney to leave a permanent position and serve our remote area for a limited term is difficult to begin with, and retaining them for the full term will be a growing challenge the closer we come to the end of that term. Attracting a replacement for a vacancy late in the term could be impossible. Consequently, it is in the County's interest to retain whoever it hires for the limited term. In consideration of these unique circumstances, the County is including in the proposed Employment Agreement a Retention Incentive of $10,000 per year in the position, payable in six- 2of3 month increments. $10,000 per year is the same incentive we provided for the limited -term Civil DPA position. In the future, if the City and County extend our Prosecution Services Agreement, the Employment Agreement provides for a similar extension for Ms. Pleimann, but the Retention Incentive would successively be reduced by $1,000 increments each year after December 31, 2022 of the initial term. In the event that Ms. Pleimann should be promoted to a DPA II position, and the DPA II classification should subsequently be re -graded from MGR 19 to a MGR 20 grade, the Retention Incentive for the year of the re -grade would be reduced by $6,000 compared to the prior year's, and would then reduce by $1,000 increments each year thereafter. Other provisions and conditions of the Personnel Agreement are standard for the County. The cost of the proposed Employment Agreement is less than the revenue from the City plus savings from reducing an existing full-time DPA II position to 60% FTE. The cost of this Employment Agreement for 2019 is approximately $51,354, including salary and benefits as well as the first six months Retention Incentive. At present rates, the full -year cost in 2020 is estimated to be $102,471 (salary, benefits & retention), while revenue from the City Agreement and the DPA II savings are estimated to total $112,412. I hope to execute the Employment Agreement with the Prosecutor and Ms. Pleimann at the end of the day Wednesday, June 19, 2019. If you have questions or concerns about the Employment Agreement as outlined above, please let me know before then. Please feel free to speak to me in person, email me, or call me on my cell phone (360) 531-4343. 3of3 CONTRACT REVIEW FORM CONTRACT WITH: Melissa Pleimann (Contractor/Consultant) CONTRACT FOR: Employment Services RETURN TO: AMOUNT: TRACKING NO.: �Occ X)9 - COUNTY DEPARTMENT: Prosecuting Attorney For More Information Contact: James Kennedy JUN 1.9 2019 Contact Phone #: Ext. 239 Erin - BOCC RETURN BY: AS (Person in Department) a e Revenue Expenditure Matching funds Required Source(s) of Matching Funds Step 1: APPROVED FORM Comments PROCESS: ❑ Exempt from Bid Process ❑ Consultant Selection Process ❑ Cooperative Purchase ❑ Competitive Sealed Bid ❑ Small Works Roster ❑ Vendor List Bid ❑ RFP or RFQ ❑ Other A�L4rW44"WI:A-Y ) 0 � '1' PT Review A24 Date ❑ Returned for revision (See Comments) Step 2: REVIEW BY P!#OS U NG ATTORNEY Review by: (/✓ Philip C. Hunsucker Date Reviewed: 6 Chief Civil Deputy Prosecuting Attorney APPROVED AS TO FORM ❑ Returned for revision (See Comments) 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 original Contract(s), Agenda Request, and Contract Review form. Also, please send 2 copies of just the Contract(s) (with the originals) to the BOCC Office. Place "Sign Here" markers on all places the BOCC needs to sign. MUST be in BOCC Office by 4:30 p.m. TUESDAY for the following Monday's agenda. (This form to stay with contract throughout the contract review process.)