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HomeMy WebLinkAboutButler, Brent - 07221 - CA signed of \--34.f ( -- C0-.00roci, EMPLOYMENT AGREEMENT BRENT BUTLER THIS AGREEMENT, made and entered into this /(o day of giA , 2021, by and between Jefferson County, Washington, a municipal corporation, hereinafter celled `Employer,' and Brent Butler hereinafter called `Employee,' both of who agree as follows: WITNESSETH: WHEREAS, Employer desires to retain the services of Brent Butler as Jefferson County's Community Development Director; 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, Employee desires to accept employment as Community Development Director 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 Brent Butler as the Community Development Director for Jefferson County to perform the functions and duties as specified in the Job Description for the Community Development Director as presently adopted and as may be amended in the future, and as specified in state law and by the Ordinances of said County, and to perform other legally permissible and proper duties and functions as the Employer or its designee shall assign from time to time. Section 2. Term 1. Employee shall be employed for an indefinite term commencing on August 16, 2021, 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 12 of this 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 12.4 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. Page 1 of 7 Brent Butler Employment Agreement 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 22, Step 10, which is $9,097.44 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 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 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 August 16, 2021, Employee's starting Personal Time Off (P.T.O.) account will be credited with 160 hours (20 days). Personal Time Off 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 twenty-six (26) days of Personal Time Off per year at the 11-year accrual rate of the County's PTO accrual schedule during the Employee's first year of employment. The Employee's PTO earning rate will increase at specific periods per the County's adopted PTO accrual schedule, building upon the 11-year accrual rate at appropriate intervals. Use of P.T.O. during the initial six (6) month evaluation period is limited, and is by approval of the County Administrator. P.T.O. banking and cash out shall be pursuant to Chapter 6 of the Jefferson County Personnel Manual. In the event Employee leaves County employment during the evaluation period, the P.T.O. bank is not eligible for cash out. The Employee requires a one-week absence from work approximately every quarter to help care for a family member. The Employer recognizes the Employee's commitment to caring for this family member and will approve such absences, which will be covered by available time from the Employee's PTO Bank and as County policy allows. 3. Holidays: Employee shall be entitled to holidays pursuant to Chapter 6 of the Jefferson County Personnel Administration Manual which includes ten(10) paid holidays and one (1) floating Page 2 of 7 Brent Butler Employment Agreement holiday. Employee will also earn one (1) additional non-accruable PTO day per year, increasing by up to two more non-accruable PTO days based on tenure and the schedule in the Jefferson County Personnel Administration Manual. 4. Bereavement: Employee may avail himself to the same consideration with regard to bereavement leave as is afforded all other general 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 staff of Jefferson County. Employer will reimburse Employee for health, vision and dental COBRA premiums from Employee's start date until the Sound Health and Wellness Trust Medical Coverage 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 staff of Jefferson County, and Employer shall make employer contributions as afforded all other Exempt staff of the Employer. 7. Optional Deferred Compensation and Flexible Spending Account: Employee may participate in optional deferred compensation plans and an optional flexible spending account(section 125) medial and/or child care expense reimbursement program. 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 six (6)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 three (3) months during the evaluation period. The County Administrator shall review the performance of Employee at the end of the trial period and may document successful completion of the evaluation period by approving a Payroll Status Change Form, a copy of which will be placed in Employee's employment personnel file. 2. The County Administrator may review and evaluate the performance of Employee in writing at least once every twelve (12) 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. Page 3 of 7 Brent Butler Employment Agreement Section 7. Dues and Subscriptions Employer agrees to pay for the Employee's membership and annual dues with at least one professional organization, as budgeted funds allow. Section 8. Professional Development Employer agrees pay the registration, travel and subsistence expenses of Employee to attend at least one conference annually, as budgeted funds allow. Time while at such conferences is considered time worked. Section 9. 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 10. 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 11. Indemnification and Bond 1. Employer shall defend, save harmless and indemnify Employee pursuant to the provisions of Chapter 2.05 of the Jefferson County Code. 2. Employer shall bear the full cost of any fidelity or other bonds required of the Employee under any law or ordinance. Section 12. 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 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 Page 4 of 7 Brent Butler Employment Agreement 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 12.2 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. Section 13. Other Terms and Conditions of Employment 1. 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. 2. 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 14. 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 15. Notices 1. Notices pursuant to this agreement shall be given by deposit in the custody of the United States Postal Service, certified mail, postage prepaid, addressed as follows: EMPLOYER: Jefferson County, Washington County Administrator P.O. Box 1220 Port Townsend, Washington 98368 EMPLOYEE: Brent Butler 1407 Sheridan Street Port Townsend, Washington 98368 Page 5 of 7 Brent Butler Employment Agreement Either party shall notify the other in writing as to a change in address, and that address shall be substituted for purposes of mailed notice under this subsection. 2. Alternatively, notices required pursuant to this agreement may be personally served in the same manner as provided by law. Notice shall be deemed given as of the date of personal service or as of the date of deposit of such written notice in the course of transmission in the United States Postal Service. Section 16. 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. 3. The text herein 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, except for those in the letter sent to Employee by Mark McCauley on July 2, 2021, related to potential conflicts of interest,where that letter is not inconsistent with the terms in this Agreement. 4. You understand and agree to follow the County's policies applicable to all County employees, including but not limited to the County's drug use policy and tobacco policy. 5. Any form of harassment, discrimination, or improper fraternization with any County employee is strictly prohibited. Neither the County nor you shall discriminate on the basis of any lawfully protected class. 6. This agreement shall be binding upon and inure to the benefit of of the parties' successors in interest, heirs and assigns. 7. Upon ratification, this agreement shall become effective on August 16, 2021. 8. 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. Page 6 of 7 Brent Butler Employment Agreement 9. 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 17. Expiration This agreement shall renew automatically on August 16th of every year beginning on August 16, 2021, unless either the Employer or Employee terminate the Agreement in a manner consistent with Section 12 of this Agreement. If termination of this Agreement is undertaken by either party to this Agreement in a manner consistent with Section 12 of this Agreement and if the terms of Section 12 and this Section are in conflict, then the terms of Section 12 shall control. Section 18. Contingencies 1. Employment is contingent upon Employee having a valid Washington State Driver's License. 2. Employment is contingent upon Employee having resigned in writing from the Board of the Jefferson Land Trust and providing a copy of the written resignation to the County HR Manager. The County Administrator has caused this Agreement to be signed and executed and the Employee has signed and executed this Agreement, effective the day and year first written above. /nj EXECUTED this (r/ of Civil) , 2021. EMPLOYER: EMPLOY E: COUNTY ADMINISTRATOR (::pr Mark McCauley Brent Butler ATTEST: APPROVED AS TO FORM ONLY: 66a4,1,4,„,_ c /4)N4 (2.24 Carolyn allow) Clerk of the Board Philip Hunsucker, Deputy Prosecu ing Attorney Page 7 of 7