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HomeMy WebLinkAboutFOP JCSOUSS re: Corrections Officer Retention Incentive, $15,000 per employee - 010923a6l't-4:a1 MEMORANDUM OF AGREEMENT By and Between JEFFERSON COUNTY AND FOP/JEFFERSON COUNTY SHERIFF'S OFFICE UNIFORMED SUPPORT SERVICES THIS MEMORANDUM OF AGREEMENT is made by and between Jefferson County, Washington ("County") and the Fraternal Order of Police (FOP)/Jefferson County Sheriff's Office Uniformed Support Services ("JCSOUSS"). WHEREAS, the parties recognize that the work performed by the Corrections officers of the County is of critical importance and essential to the safety of the public and other County staff; and, WHEREAS, the parties agree that there are ongoing hiring and retention challenges for Corrections officers; and, WHEREAS, Jefferson County Sheriffs Corrections has experienced a prolonged inability to attract and retain qualified uniformed Corrections officers to staff the County Corrections Facility; and, WHEREAS, of a staff of 15 employees assigned to the Corrections Facility, there are 6 vacancies among Corrections officers; and, WHEREAS, current Corrections officers are required to work overtime to covervacancies and have worked approximately 2,600 hours of overtime since January, 2022, and, WHEREAS, the parties agree that work by County Corrections officers at current levels of overtime is not sustainable and poses risks to County Corrections officers, inmates and the public; and, WHEREAS, in the best of economic circumstances it is challenging to hire and retain Corrections officers, and, WHEREAS, the inability to attract and retain qualified Corrections officers has been exacerbated by the COVID-19 epidemic, and, WHEREAS, via Public Safety Testing, the County recruits from the same pool of applicants throughout the Puget Sound Region and competes with other agencies in attracting and retaining qualified candidates and staff; and, WHEREAS, throughout the Puget Sound Region Corrections officers are being offered hiring and retention bonuses; and, WHEREAS, the ability to maintain appropriate staff levels in the County Corrections Facility is essential to the safety and security of the employees, the incarcerated people and the citizens of the County; and, WHEREAS, without hiring and retention bonuses, the County will be at a significant competitive disadvantage in hiring and retaining Corrections officers. Page 1 of 4 NOW THEREFORE THE PARTIES AGREE AS FOLLOWS: INCENTIVE PROGRAM The County adopts the incentive program described below. a. Entry Level Hiring Incentive One-time hiring incentive to entry level applicants of $10,000 and signing a three-year incentive agreement approved by the County Administrator. Paid in installments of $5,000 at hire, $2,500 at successful completion of probation, $2,500 upon completion of second year. If employee separates from County service prior to completion of three years of service, the employee will be required to pay back the incentive on a pro -rated basis in equal monthly installments over a 12 month period. b. Lateral Level Hiring Incentive One-time hiring incentive for lateral -level applicants of $15,000 and signing a three-year incentive agreement approved by the County Administrator. Paid in installments of $5,000 at hire, $5,000 upon completion of first year and $5,000 upon completion of second year, and signing a three-year agreement approved by the County Administrator. If employee separates from County service prior to completion of three years of service, the employee will be required to pay back the incentive on a pro -rated basis in equal monthly installments over a 12 month period. Current Employee Retention Incentive One-time retention incentive for currently employed Corrections Deputies and supervisory staff of $15,000 and signing a three-year incentive agreement approved by the County Administrator. Paid in installments of $7,500 upon agreement for January, 2023 time (paid February 5, 2023), $3,750 upon completion of first year and $3,750 upon completion of second year. If employee separates from County service prior to completion of three years of service, the employee will be required to pay back the incentive on a pro -rated basis in equal monthly installments over a 12 month period. 2. DURATION OF INCENTIVE PROGRAM The incentive program will be re-evaluated every six months to determine the duration of incentive program. The County may in its sole discretion decide to terminate the incentive program six months after adoption of this Agreement. 3. GENERAL TERMS a. It is understood and agreed this Agreement is entered into in the State of Washington. This Agreement shall be governed by and construed under 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. Page 2 of 4 b. Should either party bring any legal action, each party in such action shall pay for its own attorney's fees and court 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. C. This Agreement memorializes the entire agreement of the parties and all parts of this Agreement are contained herein. The parties agree that: i. No representation or promise not contained in this Agreement has been made. ii. They are not entering into this Agreement based on any inducement, promise or representation, expressed or implied, which is not contained in this Agreement. iii. This Agreement supersedes all prior or simultaneous representations, discussions, negotiations, and agreements, whether written or oral, within the scope of this Agreement. d. The parties agree to use their best efforts to prevent and resolve disputes before they escalate into claims or legal actions. Any disputed issue not resolved under this Agreement shall be submitted in writing within 10 days to the County Risk Manager, whose decision in the matter shall be final, but shall be subject to judicial review. If either party deem it necessary to institute legal action or proceeding to enforce any right or obligation under this Agreement, each party in such action shall pay for its own attorney's fees and court costs. Any legal action shall be initiated in the Superior Court of the State of Washington for Jefferson County. The parties agree that all questions shall be resolved by application of Washington law and that the parties have the right of appeal from such decisions of the Superior Court under the laws of the State of Washington. The parties consent to the personal jurisdiction of the Superior Court of the State of Washington for Jefferson County. e. The terms of this Agreement are not severable. if any provision of this Agreement or the application of this Agreement to any person or circumstance shall be invalid, illegal, or unenforceable to any extent, the remainder of this Agreement and the application this Agreement shall not be enforceable. f. This Agreement shall be binding upon and inure to the benefit of the parties' successors in interest, heirs and assigns. g. This Agreement may be amended or supplemented only by a writing signed by duly authorized representatives of all the parties. h. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original, and all of which counterparts together shall constitute the same instrument which may be sufficiently evidenced by one counterpart. Execution of this Agreement at different times and places by the parties shall not affect the validity of this Agreement, so long as all the parties execute a counterpart of this Agreement. i. The parties agree this Agreement has been negotiated at arms -length, with the assistance and advice of competent, independent legal counsel. (SIGNATURES FOLLOW ON THE NEXT PAGE) Page 3 of 4 u (. Board of County Commissioners sezfer Courny, Washington T:t j 116 (Z ' � H h rr, Chair Slate 1 V2 112 Z Kau Oeac. m..: a,� � 4 , er Date Approved as tloon or* o .. November 7, 2022 Date Page 4of4 •;. ; • ,.,M! A; 1712 mq i. $5,000 at hire upon signing Agreement; ii. $5,000 upon successful completion of probation; and iii. $5,000 upon completion of second year. 2. Required Reimbursement of Lateral Level Incentive if Employee Separates from County Service Prior to Completion of Three Years of Service: Employee will be required to pay back the Lateral Level Incentive on a pro -rated basis in equal monthly installments over a 12-month period if Employee separates from County service prior to completion of three -years of service. 3. Deduction from Employee Pay Authorized. Repayment Where Employee Resigns from Corrections Officer job. If the Employee resigns from a Corrections Officer job before the completion of the three-year period, but remains employed by the County, then reimbursement of Lateral Level Hiring Incentive of all amounts already paid shall be repaid on a pro -rated basis in equal monthly installments over a 12- month period, starting on the first day of the next month following resignation. b. Repayment Where Employee Resigns from County. If the Employee is terminated from employment at the County, either voluntarily or involuntarily, then the remaining shall be repaid on a pro -rated basis in equal monthly installments over a 12-month period, starting on the first day of the next month following resignation. 4. Discretion for the Department to Waive or Modify the Repayment Provisions of this Agreement, When an Employee Is Being Offered Another Position within the County. The Department Director may waive or modify the reimbursement obligation required by this Agreement at their sole discretion. Any other director of a County department may waive or modify the reimbursement obligation required by this Agreement at their sole discretion when deciding whether to offer the Employee a position outside of the Department, provided that the terms of the employment for the position outside of the Department require the other department to reimburse the Department on the Employee's behalf. S. Controlling Law. It is understood and agreed this Agreement is entered into in the State of Washington. This Agreement shall be governed by and construed under 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. b. No party shall argue or assert that any state law other than Washington law applies to the governance or construction of this Agreement. 6. Litigation/Jurisdiction/Venue. AGREEMENT BETWEEN JEFFERSON COUNTY, EMPLOYEE, AND UNION FOR LATERAL LEVEL HIRING INCENTIVE — Page 2 of 5 a. Should either party bring any legal action, each party in such action shall pay for its own attorney's fees and court costs. b. 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. c. If either party deem it necessary to institute legal action or proceeding to enforce any right or obligation under this Agreement, each party in such action shall pay for its own attorney's fees and court costs. 7. Entire Agreement. This Agreement memorializes the entire agreement of the parties and all parts of this Agreement are contained herein. The parties agree that: a. No representation or promise not contained in this Agreement has been made. b. They are not entering into this Agreement based on any inducement, promise or representation, expressed or implied, which is not contained in this Agreement. c. This Agreement supersedes all prior or simultaneous representations, discussions, negotiations, and agreements, whether written or oral, within the scope of this Agreement. 8. Section Headings. The headings of the sections of this Agreement are for convenience of reference only and are not intended to restrict, affect, or be of any weight in the interpretation or construction of the sections or this Agreement. 9. Limits of Any Waiver of Default. No consent by either party to, or waiver of, a breach by either party, whether express or implied, shall constitute a consent to, waiver of, or excuse of any other, different, or subsequent breach by either party. 10. No Oral Waiver. No term or provision of this Agreement will be waived by either party, and no breach excused by either party, unless such waiver or consent is 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. 11. Order of Precedence. If there is an inconsistency in this Agreement, or between its terms and Appendix B; the CBA; or the County's Personnel Administration Manual, the inconsistency shall be resolved by giving precedence in the following order: (a) Appendix B; (b) the CBA; and, (c) the County's Personnel Administration Manual. 12. Severability. Provided it does not result in a material change in the terms, if any provision or the application of this Agreement to any person or circumstance shall be invalid, illegal, or unenforceable to any extent, the remainder of this Agreement and the application this Agreement shall not be affected and shall be enforceable to the fullest extent permitted by law. 13. Modification of this Agreement. This Agreement may be amended or supplemented only by a writing signed by duly authorized representatives of all the parties. AGREEMENT BETWEEN JEFFERSON COUNTY, EMPLOYEE, AND UNION FOR LATERAL LEVEL HIRING INCENTIVE — Page 3 of 5 14. Signature in Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original, and all of which counterparts together shall constitute the same instrument which may be sufficiently evidenced by one counterpart. Execution of this Agreement at different times and places by the parties shall not affect the validity of this Agreement, so long as all the parties execute a counterpart of this Agreement. 15. Facsimile and Electronic Signatures. The parties agree that facsimile and electronic signatures shall have the same force and effect as original signatures. 16. Attachments. Any document in this Agreement identified as an attachment is part of this Agreement and is incorporated by reference into this Agreement. 17. Employee's Acknowledgement of Receipt/Waiver or Right to Independent Legal Advice. By signing below, Employee acknowledges and agrees that Employee has had the opportunity to review this Agreement, consult with the Union and/or an attorney, and Employee accepts the terms and conditions of this Agreement. The Employee and the Union understand that the Employee has the right to have this document examined by an Attorney of their choosing and at their expense, and to discuss its terms with their attorney prior to signing it and has chosen to proceed as indicated below: Employee: Initial one of the lines below as applicable: /A-6 1 fully understand the nature and terms of the binding obligation created pursuant to this contract and have chosen to waive my right to consult with an attorney. I have consulted an attorney regarding this Agreement and received his/her explanation of its terms as evidence by the attorney's signature below. (If you initial this paragraph, have your attorney also sign this agreement.) [SIGNATURE PAGE FOLLOWS] AGREEMENT BETWEEN JEFFERSON COUNTY, EMPLOYEE, AND UNION FOR LATERAL LEVEL HIRING INCENTIVE — Page 4 of 5 44" For Employee Emp ove iRnature Date Employee Printed Name On this day personally appeared before me fay J�1 b �' known as the Applicant, and that I know or have satisfactory evidence that the above persons are who appeared before me, and said person acknowledged it to be their free and voluntary act for the uses and purposes mentioned in the instrument. Given under my hand and of this seal this ulk day of De (� M b 2 / 20 2-2 Commission No. 21006142 Commission Expires 12-14-24 JEFFERSON COUNTY: rQ,/A MA� Heidi Eisenhour I V ate Chair, Board of County Commissioners Approved as to form: Philip/C. Hunsucker j Date Chief Civil Deputy Prosecutor a)Q,qwlG'ItutLu NOTARY PUBLIC in and for the State of Washington EMPLOYEE: �IL ature Date Printed Name . JCSOUSS EMPLOYEE ASSOCIATION/FOP Ashley Moore, Association President Date Doug Luse, FOP Labor Specialist AGREEMENT BETWEEN JEFFERSON COUNTY, EMPLOYEE, AND UNION FOR LATERAL LEVEL HIRING INCENTIVE — Page 5 of 5 Date For Employee Emp oye' iXi ure Date S cur1Ba-M Employee Printed Name On this day personally appeared before me _ _ I �� � JAY b (r known as the Applicant, and that I know or have satisfactory evidence that the above persons are who appeared before me, and said person acknowledged it to be their free and voluntary act for the uses and purposes mentioned in the instrument. Given under my hand and of this seal this -AA day of De ({ rY) b e K 20 2-2 Notary Public State of Washington NOTARY PUBLIC in and for the Autumn Hannafious State of Washington Commission No. 21006142 Commission Expires 12-14-24 JEFFERSON CO TY: 1644 therton Date Chair, Board of County Commissioners Approved as to form: ?t�d� .�1� �►�+tA�w 01/04/2023 Philip C. Hunsucker Date Chief Civil Deputy Prosecutor EMPLOYEE: Signature Date Printed Name JCSOUSS EMPLOYEE ASSOCIATION/FOP Ashley Moore, Association President Date Doug Luse, FOP Labor Specialist AGREEMENT BETWEEN JEFFERSON COUNTY, EMPLOYEE, AND UNION FOR LATERAL LEVEL HIRING INCENTIVE — Page 5 of 5 Date C9 AGREEMENT BETWEEN JEFFERSON COUNTY AND EMPLOYEE FOR EMPLOYEE RETENTION INCENTIVE This Agreement Between Jefferson County and Employee for Employee Retention Incentive (this Agreement) is made and entered into by and between Jefferson County (the County) and 10 av 1"-� r C 3f (;VQ (the Employee). WHEREAS, the Employee is an employee of the County who works at the Jefferson County Sheriff's Department (the Department); and, WHEREAS, the Department has experienced a prolonged inability to attract and retain qualified uniformed Corrections Officers to staff the County Corrections Facility; and, WHEREAS, the ability to maintain appropriate staff levels in the County Corrections Facility is essential to the safety and security of the employees, the incarcerated people and the citizens of the County; and, WHEREAS, under the terms of Agreement the County is offering a retention incentive of $15,000 to current uniformed Corrections Officers and supervisory staff to maintain appropriate staff levels; and, WHEREAS, under the terms of Agreement the retention incentive requires completion of three years of service to the County or the Employee will be required to pay back the incentive; and, WHEREAS, the Employee understands that the Department will incur substantial expenses in the provision of the incentive payment under the terms of the Agreement; and, WHEREAS, the one-time retention incentive requires a three-year incentive agreement approved by the County Administrator; and, WHEREAS, it is acknowledged by the undersigned that if the undersigned were to leave County employment prior to completion of three years of service, the undersigned will be required to pay back the incentive on a pro -rated basis in equal monthly installments over a twelve-month period; NOW, THEREFORE, the County and the Employee hereby agree: 1. Current Employee Retention Incentive a. The Department will pay a Retention Incentive of $15,000 to the Employee. b. The Retention Incentive will be paid in installments as follows: i. $7,500 upon signing Agreement for January 2023, paid February 5, 2023; ii. $3,750 upon completion of first year; and iii. $3,750 upon completion of second year. 2. Required Reimbursement of Incentive if Employee Separates from County Service Prior to Completion of Three Years of Service: AGREEMENT BETWEEN JEFFERSON COUNTY AND EMPLOYEE FOR EMPLOYEE RETENTION INCENTIVE — Page 1 of 5 Employee will be required to pay back the Retention Incentive on a pro -rated basis in equal monthly installments over a 12-month period if Employee separates from County service prior to completion of three -years of service. 3. Deduction from Employee Pay Authorized. a. Repayment Where Employee Resigns from Corrections Officer job. If the Employee resigns from a Corrections Officer job before the completion of the three-year period, but remains employed by the County, then reimbursement of Incentive of all amounts already paid shall be repaid on a pro -rated basis in equal monthly installments over a 12-month period, starting on the first day of the next month following resignation. b. Repayment Where Employee Resigns from County. If the Employee is terminated from employment at the County, either voluntarily or involuntarily, then the remaining shall be repaid on a pro -rated basis in equal monthly installments over a 12-month period, starting on the first day of the next month following resignation. 4. Discretion for the Department to Waive or Modify the Repayment Provisions of this Agreement, When an Employee Is Being Offered Another Position within the County. The Department Director may waive or modify the reimbursement obligation required by this Agreement at their sole discretion. Any other director of a County department may waive or modify the reimbursement obligation required by this Agreement at their sole discretion when deciding whether to offer the Employee a position outside of the Department, provided that the terms of the employment for the position outside of the Department require the other department to reimburse the Department on the Employee's behalf. 5. Controlling Law. a. It is understood and agreed this Agreement is entered into in the State of Washington. This Agreement shall be governed by and construed under 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. b. No party shall argue or assert that any state law other than Washington law applies to the governance or construction of this Agreement. 6. Litigation/Jurisdiction/Venue. Should either party bring any legal action, each party in such action shall pay for its own attorney's fees and court costs. b. 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. AGREEMENT BETWEEN JEFFERSON COUNTY AND EMPLOYEE FOR EMPLOYEE RETENTION INCENTIVE — Page 2 of 5 c. If either party deem it necessary to institute legal action or proceeding to enforce any right or obligation under this Agreement, each party in such action shall pay for its own attorney's fees and court costs. 7. Entire Agreement. This Agreement memorializes the entire agreement of the parties and all parts of this Agreement are contained herein. The parties agree that: a. No representation or promise not contained in this Agreement has been made. b. They are not entering into this Agreement based on any inducement, promise or representation, expressed or implied, which is not contained in this Agreement. c. This Agreement supersedes all prior or simultaneous representations, discussions, negotiations, and agreements, whether written or oral, within the scope of this Agreement. 8. Section Headings. The headings of the sections of this Agreement are for convenience of reference only and are not intended to restrict, affect, or be of any weight in the interpretation or construction of the sections or this Agreement. 9. Limits of Any Waiver of Default. No consent by either party to, or waiver of, a breach by either party, whether express or implied, shall constitute a consent to, waiver of, or excuse of any other, different, or subsequent breach by either party. 10. No Oral Waiver. No term or provision of this Agreement will be waived by either party, and no breach excused by either party, unless such waiver or consent is 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. 11. Order of Precedence. If there is an inconsistency in this Agreement, or between its terms and Appendix B; the CBA; or the County's Personnel Administration Manual, the inconsistency shall be resolved by giving precedence in the following order: (a) Appendix B; (b) the CBA; and, (c) the County's Personnel Administration Manual. 12. Severability. Provided it does not result in a material change in the terms, if any provision or the application of this Agreement to any person or circumstance shall be invalid, illegal, or unenforceable to any extent, the remainder of this Agreement and the application this Agreement shall not be affected and shall be enforceable to the fullest extent permitted by law. 13. Modification of this Agreement. This Agreement may be amended or supplemented only by a writing signed by duly authorized representatives of all the parties. 14. Signature in Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original, and all of which counterparts together shall constitute the same instrument which may be sufficiently evidenced by one counterpart. Execution of this Agreement at different times and places by the parties shall not affect the validity of this Agreement, so long as all the parties execute a counterpart of this Agreement. AGREEMENT BETWEEN JEFFERSON COUNTY AND EMPLOYEE FOR EMPLOYEE RETENTION INCENTIVE — Page 3 of 5 15. Facsimile and Electronic Signatures. The parties agree that facsimile and electronic signatures shall have the same force and effect as original signatures. 16. Attachments. Any document in this Agreement identified as an attachment is part of this Agreement and is incorporated by reference into this Agreement. 17. Employee's Acknowledgement of Receipt/Waiver or Right to Independent Legal Advice. By signing below, Employee acknowledges and agrees that Employee has had the opportunity to review this Agreement, consult with an attorney, and Employee accepts the terms and conditions of this Agreement. The Employee understands that the Employee has the right to have this document examined by an attorney of their choosing and at their expense, and to discuss its terms with their attorney prior to signing it and has chosen to proceed as indicated below: Employee: Initial one of the lines below as applicable: /()J�J I fully understand the nature and terms of the binding obligation created pursuant to this contract and have chosen to waive my right to consult with an attorney. I have consulted an attorney regarding this Agreement and received his/her explanation of its terms as evidence by the attorney's signature below. (If you initial this paragraph, have your attorney also sign this agreement.) [SIGNATURE PAGE FOLLOWS] AGREEMENT BETWEEN JEFFERSON COUNTY AND EMPLOYEE FOR EMPLOYEE RETENTION INCENTIVE — Page 4 of 5 For Employee Employee/slinature Date LCA L2, '� E�'� '/' Employee Printed Name On this day personally appeared before me v ✓ I J ,known as the Applicant, and that I know or have satisfactory evidence that the above persons are who appeared before me, and said person acknowledged it to be their free and voluntary act for the uses and purposes mentioned in the instrument. Given under my hand and of this seal this day of ryumix—K2022 T NE►'OTARP UBL in and for the State of Washington i 110712 ~% i (J1 �/� V9� .'. z/' 9jk4i���19`Zb��d'�p: JEFFERSON COUNTY: �+�lO \WAS ~ EMPLOYEE: Greg Brotherton Date Chair, Board of County Commissioners Approved as to form: Philip C. Hunsucker Date AGREEMENT BETWEEN JEFFERSON COUNTY AND EMPLOYEE FOR EMPLOYEE RETENTION INCENTIVE— Page 5 of 5 Si nature Date Printed Name For Employee Employee, ignature Date 1I rA L! . ! F 1' Employee Printed Name On this day personally appeared before me /,c v . L� I—C-✓ �� -v J known as the Applicant, and that I know or have satisfactory evidence that the above persons are who appeared before me, and said person acknowledged it to be their free and voluntary act for the uses and purposes mentioned in the instrument. s Given under my hand and of this seal thisiq—day of Um 20ZZ . �.�```N,4HIr "tillfill 4o N►r��i� TARY UBL in and for the s = State of Washington i (!► i ~�BL� r 2 S off 1EFFERSON COUNTY: //r`�till SAS titi �~1~ EMPLOYEE: 1111%\ , %41;tv 3 Greg Brotherton Date Chair, Board of County Commissioners Aooroved as to form: Philip C. Hunsucker 01/04/2023 for Date AGREEMENT BETWEEN JEFFERSON COUNTY AND EMPLOYEE FOR EMPLOYEE RETENTION INCENTIVE — Page 5 of 5 Si nature Date Printed Name AGREEMENT BETWEEN JEFFERSON COUNTY AND EMPLOYEE FOR EMPLOYEE RETENTION INCENTIVE This Agreement Between Jefferson County and Employee for Employee Retention Incentive (this Agreementj is made and entered into by and between Jefferson County (the County) and _�en+r�% Y'()c>oc-2. (the Employee). WHEREAS, the Employee is an employee of the County who works at the Jefferson County Sheriff's Department (the Department); and, WHEREAS, the Department has experienced a prolonged inability to attract and retain qualified uniformed Corrections Officers to staff the County Corrections Facility; and, WHEREAS, the ability to maintain appropriate staff levels in the County Corrections Facility is essential to the safety and security of the employees, the incarcerated people and the citizens of the County; and, WHEREAS, under the terms of Agreement the County is offering a retention incentive of $15,000 to current uniformed Corrections Officers and supervisory staff to maintain appropriate staff levels; and, WHEREAS, under the terms of Agreement the retention incentive requires completion of three years of service to the County or the Employee will be required to pay back the incentive; and, WHEREAS, the Employee understands that the Department will incur substantial expenses in the provision of the incentive payment under the terms of the Agreement; and, WHEREAS, the one-time retention incentive requires a three-year incentive agreement approved by the County Administrator; and, WHEREAS, it is acknowledged by the undersigned that if the undersigned were to leave County employment prior to completion of three years of service, the undersigned will be required to pay back the incentive on a pro -rated basis in equal monthly installments over a twelve-month period; NOW, THEREFORE, the County and the Employee hereby agree: 1. Current Employee Retention Incentive a. The Department will pay a Retention Incentive of $15,000 to the Employee. b. The Retention Incentive will be paid in installments as follows: i. $7,500 upon signing Agreement for January 2023, paid February 5, 2023; ii. $3,750 upon completion of first year; and iii. $3,750 upon completion of second year. 2. Required Reimbursement of Incentive if Employee Separates from County Service Prior to Completion of Three Years of Service: AGREEMENT BETWEEN JEFFERSON COUNTY AND EMPLOYEE FOR EMPLOYEE RETENTION INCENTIVE — Page 1 of 5 Employee will be required to pay back the Retention Incentive on a pro -rated basis in equal monthly installments over a 12-month period if Employee separates from County service prior to completion of three -years of service. 3. Deduction from Employee Pav Authorized. a. Repayment Where Employee Resigns from Corrections Officer job. If the Employee resigns from a Corrections Officer job before the completion of the three-year period, but remains employed by the County, then reimbursement of Incentive of all amounts already paid shall be repaid on a pro -rated basis in equal monthly installments over a 12-month period, starting on the first day of the next month following resignation. b. Repayment Where Employee Resigns from County. If the Employee is terminated from employment at the County, either voluntarily or involuntarily, then the remaining shall be repaid on a pro -rated basis in equal monthly installments over a 12-month period, starting on the first day of the next month following resignation. 4. Discretion for the Department to Waive or Modify the Repayment Provisions of this Agreement, When an Employee Is Being Offered Another Position within the County. The Department Director may waive or modify the reimbursement obligation required by this Agreement at their sole discretion. Any other director of a County department may waive or modify the reimbursement obligation required by this Agreement at their sole discretion when deciding whether to offer the Employee a position outside of the Department, provided that the terms of the employment for the position outside of the Department require the other department to reimburse the Department on the Employee's behalf. 5. Controlline Law. It is understood and agreed this Agreement is entered into in the State of Washington. This Agreement shall be governed by and construed under 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. b. No party shall argue or assert that any state law other than Washington law applies to the governance or construction of this Agreement. 6. Litigation/Jurisdiction/Venue. a. Should either party bring any legal action, each party in such action shall pay for its own attorney's fees and court costs. b. 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. AGREEMENT BETWEEN JEFFERSON COUNTY AND EMPLOYEE FOR EMPLOYEE RETENTION INCENTIVE — Page 2 of 5 c. If either party deem it necessary to institute legal action or proceeding to enforce any right or obligation under this Agreement, each party in such action shall pay for its own attorney's fees and court costs. Entire Agreement. This Agreement memorializes the entire agreement of the parties and all parts of this Agreement are contained herein. The parties agree that: a. No representation or promise not contained in this Agreement has been made. They are not entering into this Agreement based on any inducement, promise or representation, expressed or implied, which is not 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. S. Section Headings. The headings of the sections of this Agreement are for convenience of reference only and are not intended to restrict, affect, or be of any weight in the interpretation or construction of the sections or this Agreement. 9. Limits of Any Waiver of Default. No consent by either party to, or waiver of, a breach by either party, whether express or implied, shall constitute a consent to, waiver of, or excuse of any other, different, or subsequent breach by either party. 10. No Oral Waiver. No term or provision of this Agreement will be waived by either party, and no breach excused by either party, unless such waiver or consent is 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. 11. Order of Precedence. If there is an inconsistency in this Agreement, or between its terms and Appendix B; the CBA; or the County's Personnel Administration Manual, the inconsistency shall be resolved by giving precedence in the following order: (a) Appendix B; (b) the CBA; and, (c) the County's Personnel Administration Manual. 12. Severability. Provided it does not result in a material change in the terms, if any provision or the application of this Agreement to any person or circumstance shall be invalid, illegal, or unenforceable to any extent, the remainder of this Agreement and the application this Agreement shall not be affected and shall be enforceable to the fullest extent permitted by law. 13. Modification of this Agreement. This Agreement may be amended or supplemented only by a writing signed by duly authorized representatives of all the parties. 14. Signature in Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original, and all of which counterparts together shall constitute the same instrument which may be sufficiently evidenced by one counterpart. Execution of this Agreement at different times and places by the parties shall not affect the validity of this Agreement, so long as all the parties execute a counterpart of this Agreement. AGREEMENT BETWEEN JEFFERSON COUNTY AND EMPLOYEE FOR EMPLOYEE RETENTION INCENTIVE — Page 3 of 5 15. Facsimile and Electronic Signatures. The parties agree that facsimile and electronic signatures shall have the same force and effect as original signatures. 16. Attachments. Any document in this Agreement identified as an attachment is part of this Agreement and is incorporated by reference into this Agreement. 17. Employee's Acknowledgement of Receipt/Waiver or Right to Independent Legal Advice. By signing below, Employee acknowledges and agrees that Employee has had the opportunity to review this Agreement, consult with an attorney, and Employee accepts the terms and conditions of this Agreement. The Employee understands that the Employee has the right to have this document examined by an attorney of their choosing and at their expense, and to discuss its terms with their attorney prior to signing it and has chosen to proceed as indicated below: Employee: Initial one of the lines below as applicable: I fully understand the nature and terms of the binding obligation created pursuant to this contract and have chosen to waive my right to consult with an attorney. I have consulted an attorney regarding this Agreement and received his/her xplanation of its terms as evidence by the attorney's signature below. (If you initial this paragraph, have your attorney also sign this agreement.) [SIGNATURE PAGE FOLLOWS] AGREEMENT BETWEEN JEFFERSON COUNTY AND EMPLOYEE FOR EMPLOYEE RETENTION INCENTIVE — Page 4 of 5 For oyee Signature Date Employee Printed Name On this day personally appeared before me r 1 Q,\) \\� hNVN�— known as the Applicant, and that I know or have satisfactory evidence t at the above persons are who appeared before me, and said person acknowledged it to be their free and voluntary act for the uses and purposes mentioned in the instrument. `r-4 Given under my ha�'Pbbf is seal this day o 20�. .S` � \S Itf'q III �1 ^ ON Et,000, y ; i a NOTARY PUBLIC in and for the �—t �g3310 z State of Washington : O ///I l � OF W N5 JEFFERSON COUNTY: EMPLOYEE: Heidi Eisenhour Date Chair, Board of County Commissioners Approved as to form: Philip C. Hunsucker Date AGREEMENT BETWEEN JEFFERSON COUNTY AND EMPLOYEE FOR EMPLOYEE RETENTION INCENTIVE — Page 5 of 5 re Date i Jezri,-Moc)cc Printed Name For Emp oyee `ployee Signature Date Employee Printed Name On this day personally appeared before me iI q �1n \ known as the Applicant, and that I know or have satisfactory evidence that the above persons are who appeared before me, and said person acknowledged it to be their free and voluntary act for the uses and purposes mentioned in the instrument. Given under my hcjndand ofthis seal this day of 20, . j �o1^�, °. ��, \\ NOTARY PUBLIC in and for the {I SE (.T�{�! y" y State of Washington a OF JEFFERSON OUNTY:EMPLOYEE;_ Greg drotherton Date Si ture Date Chair, Board of County Commissioners *y���,✓ _._.J ' l ODf Printed Name Approved as to form: ,�3IlutJ�w 01/04/2023 for Philip C. Hunsucker Date AGREEMENT BETWEEN JEFFERSON COUNTY AND EMPLOYEE FOR EMPLOYEE RETENTION INCENTIVE - Page 5 of S JEFFERSON COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST TO: Board of County Commissioners FROM: Mark McCauley, County Administrator Sarah Melancon, HR Director DATE: January 9, 2023 SUBJECT: Memorandum of Agreement for Corrections Officer Retention Incentive between Jefferson County and Employees David Fortino and Jennifer Moore and Lateral Hiring Incentive with Troy Surber STATEMENT OF ISSUE: In response to the continuing shortage of Sheriff's Department Corrections Staff, the Board of County Commissioners (BOCC) adopted a Memorandum of Agreement on Nov. 21, 2022, with Fraternal Order of Police (FOP)/Jefferson County Sheriff's Office Uniformed Support Services (JCSOUSS) to provide a retention incentive for current employees and a hiring incentive for new employees. These current employees have returned signed and notarized agreements to receive the retention incentive: David Fortino and Jennifer Moore. New Lateral Hire Troy Surber has signed and returned his notarized Agreement. ANALYSIS: Jefferson County Corrections Officers staff the County's Corrections Center ensuring the safety and security of employees, incarcerated people and the public. Of a staff of 15 Corrections Officers assigned to the corrections facility, there are six vacancies. Since January, 2022, current Corrections Officers have been required to work overtime to cover vacancies and have worked approximately 2,600 hours of overtime. The inability to attract and retain qualified Corrections Officers has been exacerbated by the COVID-19 pandemic and agencies in neighboring counties who offer retention and hiring incentives. Offering retention and hiring incentives assists Jefferson County to retain current staff and attract new employees. RECOMMENDATION: Approve and sign the Memorandum of Agreements between Jefferson County and current employees David Fortino and Jennifer Moore, and new Lateral Hire Troy Surber. REVIEWED BY: r � f Mark McCaul County Administrator Da CONTRACT REVIEW FORM Clear Form71 (INSTRUCTIONS ARE ON THE NEXT PAGE) CONTRACT WITH: Jefferson County Employee Troy Surber Contract No: JCTS Contract For: Employee Employment Retention Incentive Term: 3 year COUNTY DEPARTMENT: Human Recource Contact Person: Sarah Melancon Contact Phone: X133 Contact email: SEMelancon@co.jefferson.wa.us AMOUNT: $15,000 Revenue: Expenditure: Matching Funds Required: Sources(s) of Matching Funds Fund # Munis Org/Obj Exempt from Bid Process Cooperative Purchase Competitive Sealed Bid Small Works Roster Vendor List Bid RFP or RFQ Other: APPROVAL STEPS: STEP 1: DEPARTMENT CERTIFIES*tF WITH JC 5 -080 AND CHAPTER 42.23 RCW. CERTIFIED: ❑ N/A: � 9 - ' "�"3 gDate STEP 2: DEPARTMENT CERTIFIES T E PE NZROPOSED FOR CONTRACTING WITH THE COUNTY (CONTRACTOR) HAS NOT BEEN MARRED By, -)ANY FEDERAL, STATE, OR LOCAL AGENCY. CERTIFIED: ©N/A: $15,000 PROCESS: Date STEP 3: RISK MANAGEMENT REVIEW (will be added eUdronically through Laserfiche): Electronically approved by Risk Management on 1/4/2023. STEP 4: PROSECUTING ATTORNEY REVIEW (will be added electronically through Laserfiche): Electronically approved as to form by PAO on 1/4/2023. Approved as to form 01 /04/23 STEP 5: DEPARTMENT MAKES REVISIONS & RESUBMITS TO RISK MANAGEMENT AND PROSECUTING ATTORNEY(IF REQUIRED). STEP 6: CONTRACTOR SIGNS STEP 7: SUBMIT TO BOCC FOR APPROVAL CONTRACT REVIEW FORM (INSTRUCTIONS ARE ON THE NEXT PAGE) CONTRACT WITH: Jefferson County Employee David Fortino Contract For: Employee Employment Retention Incentive Term: 3 year COUNTY DEPARTMENT: Human Recource Contact Person: Saran Melancon Contact Phone: X133 Contact email: SEMelancon@co.jefferson.wa.us AMOUNT: $15,000 Revenue: Expenditure: Matching Funds Required: Sources(s) of Matching Funds Fund # Munis Org/Obj APPROVAL STEPS: STEP 1: DEPARTMENT CERTIFIES CERTIFIED: N/A: F■ $15,000 STEP 2: DEPARTMENT CERTIFIES COUNTY (CONTRACTOR) HAS NOT AGENCY. (r CERTIFIED: FIN / A: PROCESS: Clear Form Contract No: JCDF Exempt from Bid Process Cooperative Purchase Competitive Sealed Bid Small Works Roster Vendor List Bid RFP or RFQ Other: CHAPTER 42.23 RCW. i , � .'f' Date :D FOR CONTRACTING WITH THE ANY FEDERAL, STATE, OR LOCAL ZI- STEP 3: RISK MANAGEMENT REVIEW (will be added electronically through Laserfiche): Electronically approved by Risk Management on 1/4/2023. STEP 4: PROSECUTING ATTORNEY REVIEW (will be added electronically through Laserfiche): Electronically approved as to form by PAO on 1/4/2023. Approved as to form 01/04/23 STEP 5: DEPARTMENT MAKES REVISIONS & RESUBMITS TO RISK MANAGEMENT AND PROSECUTING ATTORNEY(IF REQUIRED). STEP 6: CONTRACTOR SIGNS STEP 7: SUBMIT TO BOCC FOR APPROVAL CONTRACT REVIEW FORM Clear Form (INSTRUCTIONS ARE ON THE NEXT PAGE) CONTRACT WITH: Jefferson County Employee Jennifer Moore Contract No: JCJM Contract For: Employee Employment Retention Incentive Term: 3 year COUNTY DEPARTMENT: Human Recource Contact Person: Sarah Melancon Contact Phone: X133 Contact email: SEMelancon@co.jefferson.wa.us AMOUNT: $15,000 Revenue: Expenditure: $15,000 Matching Funds Required: Sources(s) of Matching Funds Fund # Munis Org/Obj APPROVAL STEPS: STEP 1: DEPARTMENT CERTIFIES CO PLIANC ITH CERTIFIED: © N/A: 4 Signature PROCESS: Exempt from Bid Process Cooperative Purchase Competitive Sealed Bid Small Works Roster Vendor List Bid RFP or RFQ Other: AND CHAPTER 42.23 RCW. Date STEP 2: DEPARTMENT CERTIFIES THE PERSON PROPOSED FOR CONTRACTING WITH THE COUNTY (CONTRACTOR) HAS NOT BEEN EBARRED BY NY FEDERAL, STATE, OR LOCAL AGENCY. CERTIFIED: F N/A:��y Signature Date STEP 3: RISK MANAGEMENT REVIEW (will be added electronically through Laserfiche): Electronically approved by Risk Management on 1/4/2023. STEP 4: PROSECUTING ATTORNEY REVIEW (will be added electronically through Laserfiche): Electronically approved as to form by PAO on 1/4/2023. Approved as to form 01 /04/23 STEP 5: DEPARTMENT MAKES REVISIONS & RESUBMITS TO RISK MANAGEMENT AND PROSECUTING ATTORNEY(IF REQUIRED). STEP 6: CONTRACTOR SIGNS STEP 7: SUBMIT TO BOCC FOR APPROVAL Julie Shannon From: Ashley Moore Sent: Thursday, December 29, 2022 2:01 PM To: Julie Shannon Subject: FW: Retention Incentive Agreements >:T rs �•ti"Ct i4� Deputy Ashley Moore #57 Civil Department Jefferson County Sheriffs Office 79 Elkins Rd. Port Hadlock, WA 98339 Phone: (360) 385-3831 x390 From: Ashley Moore Sent: Thursday, December 29, 2022 10:25 AM To: Sarah E. Melancon <SEMelancon@co.jefferson.wa.us> Subject: RE: Retention Incentive Agreements Good morning, I was advised that each individual agreement did not need to be signed by me since I signed the original agreement. From: Robert Braun <b.braun(D_braunconsulting.com> Sent: Wednesday, December 7, 2022 1:41 PM To: Doug Luse <dluse _fop.net> Cc: Sarah E. Melancon <SEMelancon(a�co eefferson.wa.us> Subject: RE: Retention Hi Doug. I believe the master agreement with the Association does not require any signature by the Association on the individual documents as the Association has signed off on approving the form itself and is not a party to the individual agreements. I do not believe the Association is a required signature on each individual employee agreements. Robert R Braun 1415 2nd Avenue #909 Seattle WA 98101 B.Braun(a7BraunConsulting.com 1 P 206.623.51551 F 206.374.2143 1 C 206.909.9693 Deputy Ashley Moore #57 Civil Department Jefferson County Sheriff's Office 79 Elkins Rd. Port Hadlock, WA 98339 Phone: (360) 385-3831 x390 From: Sarah E. Melancon <SEMelancon@co.lefferson.wa.us> Sent: Thursday, December 29, 2022 9:21 AM To: Ashley Moore <AMoore@co.lefferson.wa.us> Subject: Retention Incentive Agreements Hi Ashley, I've received Retention Incentive Agreements for Corrections Staff that I'm hoping you could sign. Could you give me a call at ext 133? Thanks so much, Sarah Sarah Melancon Human Resources Director pronouns: she/her/hers Jefferson County, WA PO Box 1220 Port Townsend, WA 98368 Phone: 360-385-9133 Fax: 360-385-9382 C 0 C KY r sp111te I. s Aftei ISO Deputy Ashley Moore #57 Civil Department Jefferson County Sheriff's Office 79 Elkins Rd. Port Hadlock, WA 98339 Phone: (360) 385-3831 x390 From: Sarah E. Melancon <SEMelancon@co.iefferson.wa.us> Sent: Thursday, December 29, 2022 9:21 AM To: Ashley Moore <AMoore@co.lefferson.wa.us> Subject: Retention Incentive Agreements Hi Ashley, I've received Retention Incentive Agreements for Corrections Staff that I'm hoping you could sign. Could you give me a call at ext 133? Thanks so much, Sarah Sarah Melancon Human Resources Director pronouns: she/her/hers Jefferson County, WA PO Box 1220 Port Townsend, WA 98368 Phone: 360-385-9133 Fax: 360-385-9382