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HomeMy WebLinkAbout122120_ca13JEFFERSON COUNTY BOARD OF COUNTY COMMISSIONERS CONSENT AGENDA REQUEST TO: Board of County Commissioners Philip Morley, County Administrator FROM: Mark McCauley, Central Services Director DATE: December 21, 2020 SUBJECT: Request Board of County Commissioners approval of an Updated Employment Agreement with Mr. Philip Morley, Jefferson County Administrator STATEMENT OF ISSUE: On September 22, 2008 the County entered into an employment agreement with Mr. Morley. After twelve years of continuous employment with the County the time has come to update the employment agreement. ANALYSIS: The updated agreement primarily cleans up the language in the agreement and clarifies certain terms and conditions. There are two substantive changes in the agreement. Mr. Morley's compensation is being adjusted to bring it in line with our comparable counties. A six-month severance is also being added in the event the County wants to end the employer -employee relationship with Mr. Morley - which is standard practice for the chief executive position in municipal corporations. FISCAL IMPACT: The updated employment agreement contains a $7,500 annual pay increase. RECOMMENDATION: That Board of County Commissioners approve the attached updated employment agreement with Philip Morley, Jefferson County Administrator. REVIEWED Y: ep- � /211 * ?V zg) Philip Morley, Count)Administrator Date EMPLOYMENT AGREEMENT PHILIP MORLEY THIS AGREEMENT, made and entered into this day of 2020, by and between Jefferson County, Washington, a municipal corporation, hereinafter called 'the County', as party of the first part, and Philip Morley hereinafter called `Morley', as party of the second part, both of whom understand as follows: WITNESSETH: WHEREAS, starting on October 16, 2008 the County has retained the services of Morley as County Administrator, entering into an Employment Agreement on September 22, 2008 granting continuing employment status; and WHEREAS, the County desires to continue to retain the services of said Morley as County Administrator and to update the terms of employment through a new Employment Agreement; and WHEREAS, it is the desire of the Board of County Commissioners of Jefferson County Washington, as the County, to provide certain benefits, establish certain conditions of employment and to set working conditions of Morley; and WHEREAS, it is the desire of the County to (1) secure and retain the services of Morley and to provide inducement for him to remain in such employment, (2) to make possible full work productivity by assuring Morley'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 Morley, and (4) to provide a just means for terminating Morley's services at such time as he may be unable fully to discharge his duties due to disability or when the County may otherwise desire to terminate his employ; and WHEREAS, Morley desires to accept continued 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 The County hereby agrees to employ Morley as County Administrator of Jefferson County, Washington to perform the functions and duties specified in the Job Description for the County Administrator as presently adopted and as may be amended in the future, and as specified in state law and by the Resolutions and Ordinances of Jefferson County, and to perform other legally permissible and proper duties and functions as the County shall assign from time to time. Page 1 of 9 Philip Morley Employment Agreement Section 2. Effective Date and Term 1. This Agreement shall replace the Employment Agreement of the parties executed on September 22, 2008, and this Agreement is effective January 1, 2021. 2. Nothing in this Agreement shall prevent, limit or otherwise interfere with the right of the County to terminate the services of Morley at any time, subject only to the provisions set forth in Section 15 of this Agreement. 3. Nothing in this Agreement shall prevent, limit or otherwise interfere with the right of Morley to resign at any time from his position with the County, subject only to the provision set forth in Section 15, paragraph 5, of this Agreement. 4. Morley is hereby granted continuing employment status with the 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 herein. The term "employed" shall not be construed to include occasional teaching, writing or consulting services performed on Morley's own time off, provided they are consistent with Chapter 42.23 RCW and Jefferson County's Code of Ethics. Section 3. Salary 1. The County agrees to pay Morley for his services rendered pursuant hereto a base salary of $141,953 annually, adjustable pursuant to Section 3.2 and Section 5 of this Agreement. 2. Cost of living increases will be provided in the same manner as other exempt employees of the County. Section 4. Benefits 1. Except as described in this Agreement, Morley 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 Ordinances, Resolutions 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 Morley as they would to other general employees of the County, in addition to said benefits enumerated herein specifically for the benefit of Morley, except as herein provided. 2. Personal Time Off (P.T.O.) The P.T.O. accrual rate will be 32 days per year earned monthly on a pro -rated basis. Maximum banked accrued time will be 480 hours (60 days). Refer to Chapter 6 section 3.5.3 of the Jefferson County Personnel Administration Manual for the Banking and cash out policy, subject to the 480-hour PTO Bank Maximum above. Page 2 of 9 Philip Morley Employment Agreement 3. In addition to the PTO accrual pursuant to Paragraph 2., additional non -accruable PTO days will be provided to Morley based on tenure, pursuant to Section 3.9 of Chapter 6 of the Personnel Administration Manual. 4. Holidays: Morley shall be entitled to holidays pursuant to Section 4.0 of Chapter 6 of the Personnel Administration Manual. This includes 1 (one) floating non -accruing holiday. Bereavement: Morley may avail himself to the same consideration with regard to bereavement leave as is afforded all other general employees of the County. 6. Health Benefits: The County agrees to put into force and to make required premium payments for Morley for health and welfare benefits under the terms and conditions afforded the management staff of Jefferson County. 7. Retirement: Morley 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. 8. Deferred Compensation: Morley may contribute as deferred compensation up to 5% of his annual salary to his choice of Deferred Compensation Plans offered by the County, which contribution will be matched dollar for dollar by the County as additional deferred compensation, up to an amount equal to the 5% annual maximum. Morley may contribute as deferred compensation any amount above the 5%, in accordance with federal guidelines and the Deferred Compensation Plan, but the County will not match any amount above the 5%. Section 5. Performance Evaluation The County shall review and evaluate the performance of Morley in writing at least once a year during October, and may perform additional evaluations at the County's discretion. Said review and evaluation shall be in accordance with specific criteria developed jointly by the County and Morley. Said criteria may be added to or deleted from, as the County may determine from time to time. The County will review and establish with Morley strategic and management objectives for the proper operation of the County and in the attainment of the Board's policy objectives for Morley to address in the next year, and may include input from Morley's subordinates and management team in developing the objectives. The objectives shall generally be attainable within the time limitations as specified and the annual operating and capital budgets and appropriations provided. At the same time, Morley shall provide a self -evaluation of the prior year's goals and objectives. Morley shall have the right to negotiate annual salary increases during each year-end evaluation process for approval by the Board of Commissioners. Section 6. Hours of Work It is recognized that Morley may devote time outside normal office hours to business of the County, and to that end the County recognizes that there will be occasions at which Morley will work non-traditional hours or will work out of the normal work space as required for successful Page 3 of 9 Philip Morley Employment Agreement operation of the County. Both parties recognize that Morley is an exempt employee as defined by the Fair Labor Standards Act. Section 7. Automobile Morley is entitled to receive mileage allowance in accordance with adopted county policies. Section 8. Office Equipment. 1. Morley's duties require that he shall have the exclusive and unrestricted use at all times during his employment with the County of a personal computer, including hardware, software and printer, subject to the same use restrictions within the County's policies on computer use. 2. Morley's duties require that he shall have the exclusive and unrestricted use at all times during his employment with the County of a cellular telephone including air -time contract, provided to him by the County. This provision is subject to the County's communication policy. Section 9. Dues and Subscriptions The County agrees to budget and to pay for the professional dues and subscriptions of Morley 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 County. In addition to any other organizations, Morley shall maintain a membership in the International City County Management Association, paid by the County. Section 10. Professional Development The County hereby agrees to budget consideration for and to pay, if approved by the Chair of the Board of County Commissioners and budgeted, the travel and subsistence expenses of Morley for professional and official travel, meetings and occasions adequate to continue the professional development of Morley and to adequately pursue necessary official and other functions for the County, 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 Morley serves as a member. Time while at such meetings and conferences is considered time worked. 2. The County agrees to budget consideration for and to pay, if approved by the Chair of the Board of County Commissioners and budgeted, the travel and subsistence expenses of Morley for short courses, institutes and seminars that are necessary for his professional development and for the good of the County. Time while at such courses, institutes or seminars is considered time worked. Page 4 of 9 Philip Morley Employment Agreement Section 11. General Expenses The County recognizes that certain expenses of a non -personal and generally job -affiliated nature are incurred by Morley, 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 the County. Section 12. Civic Club Memberships The County recognizes the desirability of representation in and before local, civic and other organizations, and Morley is authorized to become a member of various civic groups under the same provisions as other employees of the County. Section 13. Personal Business Activities Morley shall not spend more than 10 hours per week in teaching, consulting or other non -County connected business activity without the prior approval of the Board. Morley recognizes that he is in a position of trust in regard to the County and shall not conduct any personal business activities, which may conflict with the interest of the County. Section 14. Indemnification and Bond The County shall defend, save harmless and indemnify Morley 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 Morley'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 involved willful or wanton conduct. Morley may request and the County 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 Morley 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. The County shall not unreasonably refuse to provide independent legal representation at the County's expense and the County may not unreasonably withhold approval. Legal representation, provided by the County for Morley shall extend until final determination of the legal action including any appeals brought by either party the County 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 Morley 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 County in or for Page 5 of 9 Philip Morley Employment Agreement indemnification, as provided in the Section, to be available. Further, the County agrees to pay all reasonable litigation expenses of Morley throughout the pendency of any litigation to which Morley is a party, witness or advisor to the County. Such expense payments shall continue beyond Morley's service to the County as long as litigation is pending. Further, the County agrees to pay Morley reasonable consulting fees and travel expenses when Morley serves as a witness, advisor or consultant to the County beyond Morley's service to the County regarding pending litigation. 2. The County shall bear the full cost of any fidelity or other bonds required of Morley under any law or ordinance. Section 15. Termination and Severance Notice In the event the County no longer wishes to avail themselves of the services of Morley, the County shall endeavor to give Morley six (6) months' notice so that he may obtain suitable employment elsewhere. The County shall provide Morley time off and/or other flexibility in work duties as may be necessary to seek other employment. 2. Should Morley be terminated by the County with or without cause during such time that Morley is willing and able to perform his duties under this Agreement, then the County agrees to pay Morley, as severance, a cash payment equal to six (6) months' salary and COBRA premiums, minus federal payroll deductions. Further, the payment of said severance is expressly conditioned upon Morley and the County executing a separation and release agreement that shall settle and release any and all claims Morley 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 Morley 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 Morley. 3. In the event Morley is terminated for conviction of any criminal act, the County shall have no obligation to pay the aggregate severance sum designated in this section. 4. If Morley resigns following an offer by a representative of the governing body to accept Morley's resignation, whether the offer is formal or informal, then Morley may declare a termination under Section 15.2 of this Agreement. 5. Morley shall give the County at least one month notice in advance of his voluntarily resignation from the appointed position, unless the parties otherwise agree. Section 16. Other Terms and Conditions of Employment The County, in consultation with Morley, shall fix any such other terms and conditions of employment, as it may determine from time to time, relating to the performance of Morley, provided such terms and conditions are not inconsistent with or in conflict with the provisions of Page 6 of 9 Philip Morley Employment Agreement this Agreement, the ordinances, charter or any other law. Section 17. 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 Morley, except to the degree of such a reduction across-the-board for all management employees of the County. Section 18. 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 Chair of the County Commission P.O. Box 1220 Port Townsend, Washington 98368 EMPLOYEE: Philip Morley 521 Willow St. Port Townsend, Washington 98368 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 19. 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. Page 7 of 9 Philip Morley Employment 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 Morley. 6. Upon ratification by the Board of County Commissioners, this Agreement shall become effective immediately upon the date first written above. 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 8 of 9 Philip Morley Employment Agreement IN WITNESS WHEREOF, the Board of County Commissioners has caused this Agreement to be signed and executed and Morley has signed and executed this Agreement, both in duplicate, the day and year first written above. JEFFERSON COUNTY: E OYEE: BOARD OF COMMISSIONERS Greg Brotherton, Chair aPhiliptey ATTEST: APPROVED A§ TQ FORM ONLY: C. Carolyn Gallaway Philip C./un6ler Deputy Clerk of the Board Chief Civil Deputy Prosecuting Attorney Page 9of9