HomeMy WebLinkAbout090721ca05615 Sheridan Street
Porf Townsend, WA 98368
�6m0son www.JeffersonCounfyPublicHealfh.org
0 o Date: September 7, 2021
Public Heal Consent Agenda
JEFFERSON COUNTY
BOARD OF COUNTY COMMISSIONERS
AGENDA REQUEST
TO: Board of County Commissioners
Mark McCauley, Interim County Administrator
FROM: Vicki Kirkpatrick, Director
DATE: September 7, 2021
SUB3ECT: Approval of Employment Agreement with Dr. Allison Berry, MD, MPH as
Jefferson County Health Officer
STATEMENT OF ISSUE: Jefferson County Health Officer, Dr. Thomas Locke, MD, MPH, has stepped down
from being the County's Health Officer and into the role of Deputy Health Officer. At the July Board of Health
meeting the Board of Health appointed Dr. Allison Berry, MD, MPH as the Jefferson County Health Officer.
Jefferson County Public Health has negotiated an Employment Agreement for Dr. Berry to be a part-time
exempt employee effective August 1, 2021.
Revised Code of Washington (RCW) 70.05.040 requires the Board of Health to appoint a Health Officer
pursuant to RCW 70.05.050.
ANALYSIS/STRATEGIC GOALS/PRO'S and CONS:
Under the proposed Employment Agreement, Dr. Berry will serve as Jefferson County's Health Officer as an
FLSA Exempt employee, averaging 12 hours per week, or 0.3 of a Full Time Equivalent (FTE) employee. Under
Washington State rules as a 0.3 FTE Jefferson County employee, Dr. Berry would no longer be eligible to
participate in PERS for her time as Jefferson County's Health Officer (Dr. Berry also serves as Clallam County's
Health Officer where she is eligible to participate in PERS.) To retain parity for Dr. Berry, the County would
include an equivalent of the employer's PERS retirement contribution. The proposed Agreement reflects this.
The Agreement also recognizes that the health department is currently actively involved in mitigation of a
global pandemic which requires substantially more time than a 0.3 FTE allows. Currently Dr. Berry is spending
an average of 20 hours per week or 0.5 FTE which does make her eligible for contribution to PERS by the
employer on her behalf. The Agreement also include provision for time in excess of 12 hours per week to
address an emergency. While Dr. Berry is providing an average of 20 hours per week to Jefferson County, she
will receive her base salary (without inclusion of the PERS contribution) while the County will pay the
Department of Retirement Services directly for PERS related to her salary. At such time as her hours revert to
Community Hea!tn Hnvironrnenfai Pualic Heaitra
Deveiopmentad Disabilities 360-38.5 9444
360-38 -940C '!f'i 36" 379-4487
360-383 94)1 _f Always working for a safer and healthier community
the 0.3 FTE (12 hours per week) her base pay will be augmented by the equivalent of the employer's PIERS
retirement contribution.
FISCAL IMPACT/COST BENEFIT ANALYSIS:
Dr. Berry's base pay will be the same as provided to the previous Health Officer, Dr. Tom Locke and future increases will be provided in
the same manner as increases to all other exempt employees.
RECOMMENDATION:
Move to authorize the Chair of the BOCC to execute the proposed Employment Agreement.
REVIEWED BY:
Mark McCauley, Uerim County Admi i ator
Community Health
Develoomental Disabilities
3 63- 38 + : ;0
36V 38-5-94(1 i{
z &/
Date
Environmental I', blic Health
360 387-9444
t :56 `79- 148'
Always working for a safer and healthier community
ii 19910, NXII
C491M 01 N MAO I )AiVj I
THIS AGREEMENT,, and entered into thts Vt day of August, 2021, by and between Jefferson
County, Washington, a municipal corporation, hereinafter called "Employer" and Allison Berry, MD,
MPH hereinafter called. "Employee";, both of whom agree as follows-,
WITNESSETH:
WHEREAS, Pursuant to RCW 70i.05.050, JeMrson County is required to appoiint and employ a
qualified local health officer to! carry out the powers and. duties in RCW 70.05.070 and to pay such
salary and cover such expenses as determined by the local board of healthl- and
WHEREAS, Allison Berry, MD, MPH, was, appointed by the Jefferson County Board oftlealth
to assume the duties of Health Officer on July 17, 20121 and,
117AEREAS, Dr., Berry, as a Jefferson County employee, has agreed to work 12 hour's per week
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plus be avaflable via telephone and email as necessary at other times; and
WHEREAS, to keep Dr. Berry whole, Jefferson County wishes to compensate the equivalent
retirement benefit Dr. Berry receives as Jefferson County's Health Officer while a Clallam County
employee; and
WHEREAS,, on July 1. 7, 20i2 1, the Jefferson County Board of Health acted to confirm the
appointment of Dr. Allison Berry as local health, officer-, and
WHEREAS, it is the desire of the Board of County Commi,ssion.ers of Jefferson County
Washington, on behalf of the Ernployer and the Jefferson County Board of Health, to establish certain
conditions of employment and to set working conditions of said Employee; and
WHEREAS, Employee desires to serve as Health Officer for Jefferson County, Washington;
NOW, THEREFORE, in consideration of the mutual covenants, herein contained, the Parties
agree as follows:
Section 1. Duties
I
Empio;yer hereby agrees to employ said Allison Berry, MD, MPH as the Health Officer for Jefferson
County to perform the functions, powers, authorities and duties as specified in the Job uescri , ption for
the Health Officer as presently adopted by Jefferson County and as may be amended in the future, and
'fied in state law and. by the Ordinances of said County, and to perform other legally, permissible
as spec].
and proper duties and functions as the Employer or its designee shall, assign from time to time.
mploymen�t Ag,rie�eiment — All'ison Berry, MD, MPH
Section 2. Term
A
Employee shall be employed commencing on August 1, 2021 , and shall serve at the pleasure of
the Board of Health. No term, of officeshall be established -for the Employee but the Employee shall not
be removed until after notice is given, and an opportunity for a hearing before the Board, of Health, as to
the reason for her Cr her removal. This, Agreement shall renew automatically on August I of every year
beginning on August 1, 2022, unless either the Employer CrEmployee terminate the Agreement in a
manner consistent with.f I I
Section 3 o� 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.
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 3, paragraph I and 2, of this Agreement.
3. Nothing in this Agreement shall prevent, limit or otherwise interfere withthe right of the
Employee to resign at any time from her position with. Employer, suject only to the provision set forth
in Section 3, paragraph 3, of thi's Agreement.
Seeflon 3. Termi*nation
1. In the event the Board of flealthl, by a majority vote with a quorum present, no longer wishes to
avail. itself of the services ofEmployee, the Employer shall endeavor to give Employee a minimum of
one (1) month advance notice.
2. Following the notice described, ab�ove, the 'Employee has the right to a hearing before the
Jefferson County Board offlealth, as specified in. RC W 70.05.0501 as to the reasons for her removal
from the position of local health officer.
3. The Employee shall, give Employer a minimum of one (1) month notice in advance of her
voluntarily resignation from the appointed position, unless the parties, otherwise agree.
Section 4. Sal
1!
Employer agrees to pay -Empiolyee at 0.3 FFE ('an average of 12 hours each, week) prorated for a
starting base salary of $6311,291 per year or $5,274 per month or $89.45/hour for a.3FTE. Except as
providedbelow in Section 6, Employee shall. not be paid -for more than 6i24 hours (compluted at 0.3 x 40
hours x 52 weeks) times the salary per hour in any one year.
2. Base salary shall, be adjustable pursuant to Sectlon 4.4 of this Agreement.
4. Until. Employee is eligible to participate in PERS as a Jefferson County employee, Employer
1
shall provide compensation to -Employee Employee at a percentage rate of base salary equivalent to the then
current employer's percentage contribution to PE for participating employees (presently 12.96 % at
the commencement of this Agreement, or $11.59 on a base hourly rate of $89.45 for a total hourly rate
of $101.04 for payroll purposes).
Employment Ag,reement— Allison Berry, MDi, MPH
If'Employee becomes eligible to participate in. PERS as a Jefferson County, employee, Employee shall
receive the base salary only.
Public Health inWi ashington s currently responding to a world-wide COVID�- 19 pandernic the likes of
which has not occurred since the 1918 Flu pandemic. This has necessitated, an increase in the hours the
health officer devotes to work in Jefferson County to enable an adequate health officer response in
Jefferson County pursuant to Section 6 of this Agreement. During the declared emergency and
increased. Health Officer response effort, the Jefferson County Health Officer will be working 20 hours
per week. Twenty hours per week, will trigger eligibility for the health officer to participate in the PERS
Retirement System based on the number of hours worked as afforded any other exempt employee.
Consequently, employee is initially, eligible for Employer PERS contribution in the same manner as any
exempt employee while working, 20 hours/week in response to the emergency pandemic. Employee's
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beginning salary shall be $89.45 per hour with no P,ERS contribution added to the base rate due to
emploiyer's requirement to pay empiloyer's share of PERS to the Department of Retirement Services
directly.
At such time as employee's hours return to 12 hours/week and on the timeline as set forth by the
Washington State Department of Retirement Services, employee's salary shall revert to base p,lus,
additional compensation at a percentage rate of base salary equivalent to the percentage equal to the
percentage contribution to PERS for participating employees.
5. Cost of living increases to the base will be provided in the same manner as other Exempt
employees of the Employer.
Section 5. Performance Evaluation
The Jefferson County Board offlealth shall review and evaluate the performance of Employee in
4 ' Writing at least once every 12 (twelve) months from the date of this employment Agreement in a manner
approved by the Jefferson County Board, of Health.,
Seeflon 6. Hours, of Work
it is recognized that the exercise of the functions, authorities, I polwers, and duties of the Jefferson County.
Health. Officer can occur at any time of day or night. Accordingly, the 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 and will endeavor to work an average
of 12 hours each week in her capacity as Jefferson County Health Officer. In, the event of a public
health emergency 'requiring additional hours, of work, the health officer will seek authorization of the
Jefferson County Public Health Director for compensation for added, work hours. The Employer and
Employee acknowledge the payment by Employer to Employee of salary based upon her FTE ratio (See
Section 4 above) is solely an estimate of the time needed. for Employee to accomplish her tasks, work
and duties for Employer. Employee shall not be entitled to additional hourly compensation for work she
performs for the Employer in excess of 12 hours, weekly except in. the case of a public health emergency
and in case of such public health emergency only of approval of the extra compensation by the
Employment Agreement —Allison B,erry, MD, MPH
3 1 8
Jefferson. County Public Health Director, However, upon good cause being shown, her F11 ratio may be
renegotiated by the parties and a new FTE ratio established, through written amendment to this
Agreement signed by both parties,.
Seeflon 7. Automobl"'le
If Employee is required through circumstance to use their own automobile for business for Jefferson
County only, Employee is entitled to receive mileage allowance in accordance with the Personnel
Administration Manual, Appendix "D" - Travel and Transportation Policy and Procedures. Employee
will keep separate mileage records for Jefferson County business from mileage records for Clallarn
County. Where Employee uses their own automobile for business that is legitimately both Jefferson and
Clallarn (such as Statewide meetings and conferences where Employee represents both Counties), the
mileage reimbursement request will be split between Clallam and Jefferson Counties in proportion to the
FFE split between the two counties.
Secti*on 8. Office Egul*pment
Employee's duties require that she shall have unrestricted use at all times during employment with
Emp�loyer of a personal computer, including hardware, software and, printer and shall. be subject to the
same use restrictions as outlined in theJefferson County Personnel Administration Manual and County
policy.
Sectl*on 9. Personal TI'me Off, Hofidays. and Bereavement
Employeels entitled to accrue Paid,rime Off prorated based on the number of hours worked
Seeflon 10. D I*sab *11 ity, 'Health and Liffe Insurance Beneifits
At Employee's initial FTE ratio, she does not meet or satisfy the required threshold of hours to qualify
for County -provided disability, health and life insurance benefits. Employee receives health insurance
benefits from Clallam County
Section 1.1. Retirement
As a Jefferson County employee, employer shall make employer contributions as, afforded all other
Exempt staff of the Employer to Social Security. As a member of the Washington State Department of
Retirement, employee is, entitled, to accrue retirement whenever her monthly hours meet the minimum
retirement threshold (currently 70 hours per month). Once reaching that threshold, employer will make
retirement contributions to PEES, as afforded all other exempt staff of the Employer. If and when,
employee's hours fall below the 70 hours/month threshold, employee would no longer be eligible for
retirement contributions and when that change takes effect, the percentage equal to the employer's
contributions to PERS shall then be added to employee's base salary. Any time state rules or
Employee's hours change enabling her to, participate in PERS as a Jefferson County employee,
Employer shall make employer contributions to PERS as afforded all other Exempt staff of the
Employer.
Seeflon 12. Profession T evelot)ment
Employment Agreement —Allison Berry, M D, MIPH 4 8
I
Employer agrees to coordinate with Emptoyee and Clallam County to pay a proportional share of the
registration, travel and subsistence expenses of Employee for meetings and conferences of professional
state, 'an I as budgeted funds
associations', d regional groups of which Employee serves as a memberi
allow. Consistent with. the precedi g. 1 10
n , a proportional time while at such meetings and conl��rences is
'dered time worked. The final determination of JefkrsoIn County's proportion shall be the
consi
Employer's.
Section 13. General EXDenses
I a non -personal and generally 'ob-affil*natureated are
Employer recognizes that certain expenses of j I
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. Employer agrees to reimburse Clallam for a proportionate share of
employee's work cell phone. With respect to general. expenses incurred by the Employee but not
specifically related to or arising from Employee's employment with the Employer, for example, renewal
of her medical license, nationwide association dues or continuing medicaleducation, the Employee
agrees to be responsible for those expenses,.
Section 14. Civic Club Member
Employer recognizes the desirability of representation in and before local, civic and other organizations,
'I III
and Employee is authorized to become a member of various civic groups at tier own expense under the
same provisions as other employees of the Employer.
Section 15.1ndemnifleatUon andand
1. J-% V-1
Employer shall defend, save harmless and indemnify ,vmployee 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 Empiloyee's, duties resulting from the exercise of
judgment or discretion in connection with the performance of 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, j udgments, 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
.1
with the performance of her duties. 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.
val
Further, Employer agrees to pay all reasonable litigation expenses of Employee throughout the pendency
of any litigation, to which the Employee is a patty., witness or advisor to the Employer. Such expense
I
payments shall continue beyond Empioyee's service to the Employer as long as litigation is pending.
Further, Employer agrees, topay Employee reasonable consulting fees travel, expenses when Employee
serves as, a witness, advisor or consultant to Employer beyond Employee's service to the Employer
11.
regarding penainglitigation.
Employment Agreemenlit—Allis,on Berry, MD,, MPH C_ 5
2. Employer shall bear the full cost of any fidelity or other bonds required of the Employee under
any law or ordinance.
Section 16. 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
I I
Agreement., the ordinances,, or any otner law.
2. In addition to benefits enumerated specifically in this Agreement, all provisions, of the Code of
.1 1
Ordinances, and regulations aid ru I ies 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; except as herein provided.
3. Employee will obtain and maintain with respect to all vehicles or automobiles owned, by her or
her marital comi
munity third party liability insurance n an amount of not less than $250,000 per single
I '"
occurrence, $500,000 aggregate. Employee will provide proof of insurance to the tmployer within 30
days of the execution of this Agreement and once per year within 30 days of her Anniversary Date as
established in Section. 9 above) during each. year thereafter.
P,mp.toyer 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 JCPH.
Section 18. Notices
1. Notices pursuant to this Agreement shall be given by deposit in the custody of the United States
Postal Service, certified rnal.], postage prepaid,, addressed, as fo'lows:
Jefferson County Public Health, Washington
Public Health Director
6115 Sheridan Street
Port Townsend, WA 98368
Allison Berry, MD1, MPH
I 11, E 3 rd Street
Port Angeles, WA 9i8;362
Employment Agreement — A111son Beirry, MD, MIPH' 6 18
0
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 19. General Provisions
I . 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 take effect on August 1, 2021.
4. Any work perfon-ned consistent with the terms of this Agreement prior to execution of this
agreement Is hereby authorized and ratified.
5. If any proivisioin, or any porti,on thereof, contained, in this Agreement is held unconstitutional,
i* -1 11
invalia or unenforceable,, the remainder of this Agreement, or portion tnereof, shall be deemed
severable'. shall not be affected and shall remain in full force and effect.
6. Jettersoin k-,ountv,, as, a political subdivision and local, government of the State of Washington, is
subject to the Public Kecordsi Actl'codifiedr at Chapter 42.56 RCW, and as such this Agreement (and any
attachments) is a "Public Record," subject to that state law.,
7. Venue for any claim, action or lawsuit arising from this Agreement shall be the Superior Court in
and. for Jefferson County. This express limitation on proper venue of any litigation arising from this
Agreement shall not prevent or prohibit the parties from alternative methods of dispute resolution", such
as meetings, negotiations, memation or any other dispute resolution process.
Employment Agreement —Allison Berry, MID, MPiH
... 71M
IN WITNESS WHEREOF, the Employee has signed, and executed this Agreement, and the
Board of County Commissioners has caused this Agreement to be signed and executed this — day, of
September, 2021.
OF COUNTY COMMISSIONERS
I.-
MOM
Cl
N-.,arolyn Galloway, Clerk of the! Board
Philip I-Junsucker, Chief Deputy PA
Employment Agreement — Allison Berry, MD, MPH 8 1 8
date
ALLISON BERRY, MD MPH
I]] E3 rd St. Port Angeles, WA 98,362
Le o. c I a I I aJ i-i. ", a. LI.SI
PROFESSIONAL EXPERIENCE-:
2018-Present Clallam County Health & Human Services
Health Qf .ficer
Physician lead for public health in Clallani County
Unified Command for the COV I D- 19 response
2016-2020 Jamestown Family Health Center
Fatnsician
Managed a primary care panel with a particular focus on substance abuse treatment and
prevention, reproductive healthcare and 1-.,GBTQ healthcare
2013-2016 University of Washington/Harborview Medical Center
T'anfily Medicine, Resident
Managed a, panel made up primarily of refugees and people experiencing homelessness
EDUCATION:
2008-2013 Johns Hopkins University School of Medicine
Medical Doctorate
2410-2011 Johns Hopkins Bloomberg School of PublicHealth
Masters of Public Health - Epidemiology & Biostat�istics
2003-2007 Lawrence University
Bachelor of Arts - Biochernistry & Music
RESEARCH EXPERIENCE:
2014-2016 Harborview Medical Center
Study Designer and Lead Author
Perceived Barriers to Naloxone Presci-iption Among Fami�y Physicians
Evaluated barriers to effective naloxone prescription, conducted a needs assessment,, and
worked to increase access to this important harm reduction measure
2013 Blackfeet Reservation Community Hospital
Epidemiologist
Pertussis Outbreak .fin vesligation
Mapped and tracked an. active pertussis outbreak, coordinated with state and national
public health officials, and mobilized a, tribal health response
2009-2012 Johns Hopkins School of Public Health
Study Designer, Lead Author
Health After Hurricane Katrina: A tale (?f N)o cities
Conducting an epidemiological investigation into health status and access to I'lealth care
in post -Katrina New Orleans and their relationship to pre -disaster socioeconomic 'factor's