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HomeMy WebLinkAboutBerry, Allison, MD, MPH $63,291 - 090721 � �� 1-�� i7GLC.q reve(vini c o D ilei EMPLOYMENT AGREEMENT ALLISON BERRY,MD, MPH THIS AGREEMENT, and entered into this 1st 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: 4 WITNESSETH: WHEREAS, Pursuant to RCW 70.05.050, Jefferson County is required to appoint 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 health; and WHEREAS, Allison Berry, MD, MPH was appointed by the Jefferson County Board of Health to assume the duties of Health Officer on July 17, 2021; and WHEREAS, Dr. Berry, as a Jefferson County employee, has agreed to work 12 hours per week plus be available 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 17, 2021,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 Commissioners of Jefferson County Washington, on behalf of the Employer 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 Employer 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 Description for the Health Officer as presently adopted by Jefferson County 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. Employment Agreement—Allison Berry, MD, MPH Page 1 1 8 Section 2. Term 1. Employee shall be employed commencing on August 1, 2021, and shall serve at the pleasure of the Board of Health. No term of office shall 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 or her removal. This Agreement shall renew automatically on August 1 of every year beginning on August 1, 2022,unless either the Employer or Employee terminate the Agreement in a manner consistent with Section 3 of this Agreement. If termination of this Agreement is undertaken by either party to this Agreement in a manner consistent with Section 3 of this Agreement and if the terms of Section 3 and this Section are in conflict, then the terms of Section 3 shall control. 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 1 and 2, 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 her position with Employer, subject only to the provision set forth in Section 3, paragraph 3, of this Agreement. Section 3. Termination 1. In the event the Board of Health, by a majority vote with a quorum present, no longer wishes to avail itself of the services of Employee, the Employer shall endeavor to give Employee a minimum of one (1)month advance notice. 2. Following the notice described above,the Employee has the right to a hearing before the Jefferson County Board of Health, as specified in RCW 70.05.050 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. Salary 1. Employer agrees to pay Employee at 0.3 FTE (an average of 12 hours each week)prorated for a starting base salary of$63,291 per year or$5,274 per month or$89.45/hour for a .3FTE. Except as provided below in Section 6, Employee shall not be paid for more than 624 hours (computed 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 Section 4.4 of this Agreement. 4. Until Employee is eligible to participate in PERS as a Jefferson County employee, Employer shall provide compensation to Employee at a percentage rate of base salary equivalent to the then current employer's percentage contribution to PERS 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 Agreement—Allison Berry, MD, MPH Page 2 1 8 If Employee becomes eligible to participate in PERS as a Jefferson County employee, Employee shall receive the base salary only. Public Health in Washington is currently responding to a world-wide COVID-19 pandemic 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 beginning salary shall be $89.45 per hour with no PERS contribution added to the base rate due to employer's requirement to pay employer'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 plus 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 of Health shall review and evaluate the performance of Employee in 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. Section 6. Hours of Work It is recognized that the exercise of the functions, powers, authorities, 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 after approval of the extra compensation by the Employment Agreement—Allison Berry, MD, MPH Page 3 18 Jefferson County Public Health Director. However, upon good cause being shown, her FTE ratio may be renegotiated by the parties and a new FTE ratio established through written amendment to this Agreement signed by both parties. Section 7. Automobile 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 Clallam County. Where Employee uses their own automobile for business that is legitimately both Jefferson and Clallam(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 FTE split between the two counties. 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. Personal Time Off, Holidays, and Bereavement Employee is entitled to accrue Paid Time Off prorated based on the number of hours worked. Section 10. Disability,Health and Life Insurance Benefits 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 11. 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 PERS 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. Section 12. Professional Development Employment Agreement—Allison Berry, MD, MPH Page 4 1 8 Employer agrees to coordinate with Employee and Clallam County to pay a proportional share of the registration,travel and subsistence expenses of Employee for meetings and conferences of professional associations, state, and regional groups of which Employee serves as a member, as budgeted funds allow. Consistent with the preceding, a proportional time while at such meetings and conferences is considered time worked. The final determination of Jefferson County's proportion shall be the Employer's. Section 13. 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. 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 medical education, the Employee agrees to be responsible for those expenses. Section 14. 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. Section 15. Indemnification and Bond 1. Employer shall defend, save 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 involve willful or wanton conduct. The Employee may request and the Employer shall indemnify Employee against any and all losses, damages,judgments, interest, settlements, fines, court costs and other reasonable costs and expenses of legal proceedings including attorney's fees, and any other liabilities incurred by, imposed upon, or suffered by such Employee in connection with or resulting from any claim, action, suit, or proceeding, actual or threatened, arising out of or in connection with the performance of 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. Further, Employer agrees to pay all reasonable litigation expenses of Employee throughout the pendency of any litigation to which the Employee is a party, witness or advisor to the Employer. Such expense payments shall continue beyond Employee's service to the Employer as long as litigation is pending. Further, Employer agrees to pay Employee reasonable consulting fees travel expenses when Employee serves as a witness, advisor or consultant to Employer beyond Employee's service to the Employer regarding pending litigation. Employment Agreement—Allison Berry, MD, MPH Page 5 1 8 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 Agreement, the ordinances, or any other law. 2. In addition to benefits enumerated specifically in this Agreement, 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; except as herein provided. 3. Employee will obtain and maintain with respect to all vehicles or automobiles owned by her or her marital community third party liability insurance in an amount of not less than$250,000 per single occurrence, $500,000 aggregate. Employee will provide proof of insurance to the Employer 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. Section 17. 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 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 mail, postage prepaid, addressed as follows: EMPLOYER: Jefferson County Public Health, Washington Public Health Director 615 Sheridan Street Port Townsend, WA 98368 EMPLOYEE: Allison Berry, MD, MPH 111 E 3rd Street Port Angeles, WA 98362 Employment Agreement—Allison Berry, MD, MPH Page 6 ( 8 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 1. 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 performed consistent with the terms of this Agreement prior to execution of this agreement is hereby authorized and ratified. 5. 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. 6. 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. 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, mediation or any other dispute resolution process. SIGNATURES ON NEXT PAGE Employment Agreement—Allison Berry, MD, MPH Page 7 ( 8 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. EMPLOYER: EMPLOYEE: JEFFERSON BOARD ALLISON BERRY. MD, MPH OF COUNTY COMMISSIONERS 9774/ A AL— Or Kate Dean. Chair date Allison Berr D, MPH date ATTEST: APPROVED AS TO FORM ONLY: September 1, 2021 Carolyn Gangway,Clerk o the Board Philip I lunsucker. Chief Deputy PA Employment Agreement—Allison Berry, MD, MPH 8 1 8 ALLISON BERRY, MD MPH 111 E 3rd St. Port Angeles, WA 98362 aberryco.clallam.wa.us PROFESSIONAL EXPERIENCE: 2018-Present Clallam County Health&Human Services Health Officer Physician lead for public health in Clallam County Unified Command for the COVID-19 response 2016-2020 Jamestown Family Health Center Family Physician Managed a primary care panel with a particular focus on substance abuse treatment and prevention,reproductive healthcare and LGBTQ healthcare 2013-2016 University of Washington/Harborview Medical Center Family 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 2010-201 1 Johns Hopkins Bloomberg School of Public Health Masters of Public Health-Epidemiology&Biostatistics 2003-2007 Lawrence University Bachelor of Arts-Biochemistry&Music RESEARCH EXPERIENCE: 2014-2016 Harborview Medical Center Study Designer and Lead Author Perceived Barriers to Naloxone Prescription Among Family 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 Investigation 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 of two cities Conducting an epidemiological investigation into health status and access to health care in post-Katrina New Orleans and their relationship to pre-disaster socioeconomic factors 615 Sheridan Street 4f� Port Townsend, WA 98368 0e/ehson www.JeffersonCountyPublicHeaith.org County Date: September 7, 2021 Public Health 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 SUBJECT: 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 CON'S: 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 Health Environmental Public Health Developmental Disabilitie 360-385-9444 360-385-9400 (f) 360-379-4487 360-385-9401 (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 PERS 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: 'IAA( _4 9/z/z_f Mark McCauley, Interim County Admi i ator Date Community Health Environmental Public Health Developmental Disabilities 360-385-9444 360-385-9400 (f) 360-379-4487 360-385-9401 (f) Always working for a safer and healthier community CONTRACT REVIEW FORM (INSTRUCTIONS ARE ON THE NEXT PAGE) CONTRACT WITH: Allison Berry; MD MPH-Public Health Officer BoCC082521 (Name of Contractor/Consultant) Contract No. COUNTY DEPARTMENT: Commissioners Contact Person: Julie Shannon Contact Phone: x100 Contact email: ishannontc'�.co.iefferson.wa.us AMOUNT: $63,291 per year PROCESS: — Exempt from Bid Process Revenue: Cooperative Purchase Expenditure: _ Competitive Sealed Bid Matching Funds Required: _ Small Works Roster Sources(s) of Matching Funds _ Vendor List Bid _ RFP or RFQ Other: APPROVAL STEPS: STEP 1: DEPARTMENT CERTIFIES COMPLIANCE WITH JCC 3.55.080 AND CHAPTER 42.23 RCW. CERTIFIED: © N/A:O Julie Shannon g"°.r,5„";e o;,, 08/25/21 Signature(Apply digital signature last) Date STEP 2: DEPARTMENT CERTIFIES THE PERSON PROPOSED FOR CONTRACTING WITH THE COUNTY (CONTRACTOR) HAS NOT BEEN DEBARRED BY ANY FEDERAL, STATE, OR LOCAL AGENCY. CERTIFIED: El N/A: El Julie Shannon o;° 47 5,:38:o-0,a 08/25/21 Signature(Apply digital signature last) Date STEP 3: RISK MANAGEMENT REVIEW(will be added electronically through Laserfiche): Electronically approved by Risk Management on 8/31/2021. STEP 4: PROSECUTING ATTORNEY REVIEW(will be added electronically through Laserfiche): Electronically approved as to form by PAO on 9/1/2021. STEP 5: DEPARTMENT MAKES REVISIONS & RESUBMITS TO RISK MANAGEMENT ANI) PROSECUTING ATTORNEY(IF REQUIRED). STEP 6: CONTRACTOR SIGNS STEP 7: SUBMIT TO BOCC FOR APPROVAL 1