HomeMy WebLinkAboutTracy Coleman - 010824 EMPLOYMENT AGREEMENT
Teresa "Tracy" Coleman
-420etett
THIS AGREEMENT, made and entered into this z day of January, 2024, by and between
Jefferson County, Washington, a municipal corporation, hereinafter called 'Employer,' and Teresa
"Tracy" Coleman, hereinafter called 'Employee,' both of who agree as follows:
WITNESSETH:
WHEREAS, Employer desires to retain the services of Tracy Coleman as Jefferson County's
Central Services Director; and
WHEREAS, it is the desire of the Board of County Commissioners of Jefferson County,
Washington on behalf of the Employer, to provide certain benefits, establish certain conditions of
employment and to set working conditions of said Employee; and
WHEREAS, Employee desires to accept employment as the Central Services Director for
Jefferson County, Washington;
NOW, THEREFORE, in consideration of the mutual covenants herein contained, the parties
agree as follows:
Section 1. Duties
Employer hereby agrees to employ Tracy Coleman as the Central Services Director for Jefferson
County beginning on February 5, 2024 to perform the functions and duties as specified in the Job
Description for the Central Services Director as presently adopted and as may be amended in the
future, and as specified in state law and by the Ordinances and Resolutions of said County, and to
perform other legally permissible and proper duties and functions as the Employer or designee shall
assign from time to time.
Section 2.Term
1. Employee shall be employed for an indefinite term commencing on February 5, 2024, and shall
serve at the pleasure of the Employer. Employee shall be considered an "at will" employee of
the Employer.
2. Nothing in this Agreement shall prevent, limit or otherwise interfere with the right of the
Employer to terminate the services of Employee at any time, subject only to the provisions set
forth in Section 14 of this Agreement.
3. Nothing in this Agreement shall prevent, limit or otherwise interfere with the right of the
Employee to resign at any time from his position with Employer, subject only to the provision
set forth in Section 14.4 of this Agreement.
4. Employee is hereby granted continuing employment status with Employer and Employee agrees
to remain in the exclusive employ of the Employer and neither to accept other employment nor
to become employed by any other employer except as provided herein.
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5. The term "employed" shall not be construed to include occasional teaching, writing or
consulting service performed on employee's own time off, provided they are consistent with
Chapter 42.23 RCW and Jefferson County's Code of Ethics. This is inclusive of holding
professional license(s).
Section 3.Salary
1. Employer agrees to start Employee on the Exempt Salary Matrix at Grade MGR 23,Step 6,which
in 2024 is $11,599.63 per full month worked, pro-rated for any partial month worked.
2. After six months of employment Employee will receive an increase to Step 7, MGR 23, which in
2024 is$11,947.62.
3. Annual step increases and/or general wage adjustments will be provided in the same manner
as provided to other Exempt employees of the Employer, pursuant to the salary rates of the
Exempt Salary Matrix.
Section 4. Benefits
1. Except as described herein, Employee shall receive the same Employee Benefits as Jefferson
County's other Exempt Employees, which shall be administered pursuant to adopted County
policies and the Jefferson County Personnel Administration Manual. All provisions of the Code
of Ordinances, and regulations and rules of the Employer relating to personal time off, holidays
and other fringe benefits and working conditions as they now exist or hereafter may be
amended, also shall apply to Employee as they would to other Exempt employees of Employer,
in addition to said benefits enumerated specifically for the benefit of Employee except as herein
provided.
2. Personal Time Off (PTO): As of February 5, 2024, Employee's starting Personal Time Off (PTO)
account will be credited with 120 hours(15 days). Employee may use PTO during the six-month
trial period with County Administrator approval.
Personal Time Off is in lieu of vacation and sick leave. In addition to the starting P.T.O. account
balance above, P.T.O. shall be earned, accrued, used and administered pursuant to Chapter 6,
Section 3.0 of the Jefferson County Personnel Administration Manual, starting at a rate of thirty
(33) days of Personal Time Off per year at the 15-year accrual rate of the County's PTO accrual
schedule during the Employee's first year of employment.The Employee's PTO earning rate will
increase at specific periods per the County's adopted PTO accrual schedule, building upon the
15-year accrual rate at appropriate intervals. Use of P.T.O.during Employee's evaluation period
is limited and by approval of the County Administrator. P.T.O. Banking and cash out shall be
pursuant to Chapter 6 of the Jefferson pCounty Personnel Administration Manual. In the event
Employee leaves County employment during the 6-month evaluation period, the P.T.O. bank
balance is not eligible for cash out.
3. Holidays: Employee shall be entitled to holidays pursuant to Chapter 6 of the Jefferson County
Personnel Administration Manual. This includes one (1) floating non-accruing holiday.
4. Bereavement: Employee may avail herself to the same consideration with regard to
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bereavement leave as is afforded all other Exempt employees of Employer.
5. Health Benefits: Employer agrees to make required premium payments for Employee for health
and welfare benefits under the terms and conditions afforded other Exempt employees of
Jefferson County.
Employer will pay COBRA premiums for Employee for February, March and April, 2024. Sound
Health and Wellness Trust Medical coverage will begin on May 1, 2024 and dental coverage will
begin on June 1, 2024.
6. Retirement: Employee shall be a contributing member of the Washington State Public
Employees Retirement System (PERS)and Social Security in the same manner afforded all other
Exempt employees of Jefferson County, and Employer shall make employer contributions as
afforded all other Exempt employees of the Employer.
Section 5. Evaluation Period and Performance Evaluations
1. Employee shall have a six (6) month evaluation period. Employee may be terminated without
notice and without cause during the evaluation period or at its completion. Performance of
Employee will be evaluated in writing by the County Administrator at least once every 3 (three)
months during the evaluation period. The County Administrator shall review the performance
of Employee at the end of the evaluation period and may document successful completion of
the evaluation period by submitting a Payroll Status Change Form,a copy of which will be placed
in Employee's employment personnel file.
2. The County Administrator may review and evaluate the performance of Employee in writing at
least once every 12 (twelve) months from the Employee's date of employment.
Section 6. Hours of Work
It is recognized that Employee may be required to devote time outside normal office hours, and
to that end, Employer recognizes that there will be occasions at which Employee will work non-
traditional hours. Both parties recognize that Employee is an Exempt employee as defined by the Fair
Labor Standards Act.
Section 7.Automobile
Employee is encouraged to use a County pool vehicle for County business travel. If Employee
is required through circumstance to use their own automobile for County business, Employee is
entitled to receive mileage allowance in accordance with the Jefferson County Personnel
Administration Manual,Appendix D -Travel and Transportation Policy and Procedures.
Section 8. Office Equipment
Employee's duties require that he 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.
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Section 9. Dues and Subscriptions
Employer agrees to pay for the professional dues and subscriptions of Employee necessary for
her full participation in national, state and local chapters of professional organizations for her
continued professional participation, growth and advancement, for the good of the Employer, as
budgeted.
Section 10. Professional Development
Employer agrees to pay the registration,travel and subsistence expenses of Employee to attend
meetings and conferences of professional associations, state, and regional groups of which Employee
serves as a member, as budgeted funds allow. Time while at such meetings and conferences is
considered time worked.
Section 11. General Expenses
Employer recognizes that certain appropriate work-related expenses of a non-personal nature
may be incurred by Employee, and hereby agrees to reimburse or to pay said expenses consistent with
adopted County policies, and the County Auditor is hereby authorized to disburse such monies upon
receipt of duly executed expense or petty cash vouchers, receipts, statements or personal affidavits.
Such payments are to be regulated by the disbursement rules of Employer.
Section 12. Civic Club Memberships
Employer recognizes the desirability of representation in and before local, civic and other
organizations, and Employee is authorized to become a member of various civic groups at his own
expense under the same provisions as other employees of the Employer.
Section 13. Indemnification and Bond
1. Employer shall defend, save harmless and indemnify Employee pursuant to the provisions of
Chapter 2.05 of the Jefferson County Code.
2. Employer shall bear the full cost of any fidelity or other bonds required of the Employee under
any law or ordinance.
Section 14.Termination
1. In the event Employer no longer wishes to avail itself of the services of Employee, Employer
shall endeavor to give Employee three (3) months advance notice so that she may obtain
suitable employment elsewhere. In such case, the Employer shall provide Employee time off
and/or other flexibility in work duties as may be necessary to seek other employment.
2. After the six-month evaluation period, should the Employee be terminated by the Employer
without cause during such time that Employee is willing and able to perform his duties under
this Agreement, then the Employer agrees to pay Employee, as severance, a cash payment
equal to six (6) months of Employee's then current annual compensation, including salary and
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the amount paid by Employer for Employee's health, dental and vision coverage. Further, the
payment of said severance is expressly conditioned upon the Employee and the Employer
executing a separation and release agreement that shall settle and release any and all claims
Employee may have, known or unknown, against the County. Such severance payment shall
fully and finally release the Employer from any and all further obligations to Employee under
this Agreement. Any severance shall be paid in a lump sum within one (1) business day of
termination unless otherwise agreed to by Employer and Employee.
3. If the Employee resigns following an offer by the County Administrator to accept Employee's
resignation, then the Employee may declare a termination under Section 14.2 of this
Agreement.
4. The Employee shall give Employer at least two (2) weeks' notice in advance of her voluntary
resignation from the appointed position, unless the parties otherwise agree. The Employee will
otherwise do their best to provide a minimum of one (1) month or more as a courtesy.
Section 15. Other Terms and Conditions of Employment
1. Moving Cost: If Employee establishes full-time residency in Jefferson County or a neighboring
County during the first two years of employment, the Employer will reimburse Employee for
costs to establish residency in Jefferson County or a neighboring County, up to $5,000, upon
submission of receipts demonstrating actual expenses incurred (including storage unit costs)
within and up to two years after her employment start date.
2. Except as otherwise provided herein, Employee shall be subject to all County employment
policies and procedures, including but not limited to the Jefferson County Personnel
Administration Manual, in the same manner as other County FLSA-exempt employees.
3. The Employer, in consultation with the Employee, shall fix any such other terms and conditions
of employment, as it may determine from time to time, relating to the performance of
Employee, provided such terms and conditions are not inconsistent with or in conflict with the
provisions of this Agreement, the ordinances, or any other law.
Section 16. No Reduction of Benefits
Employer shall not at any time during the term of this Agreement reduce the salary,
compensation or other financial benefits of Employee,except to the degree of such a reduction across-
the-board for all management employees of the Employer.
Section 17. Notices
1. Notices pursuant to this Agreement shall be given by deposit in the custody of the United States
Postal Service, certified mail, postage prepaid, addressed as follows:
EMPLOYER:
Jefferson County, Washington
Teresa "Tracy" Coleman Employment Agreement Page 6 of 8
County Administrator
P.O. Box 1220
Port Townsend, WA 98368
EMPLOYEE:
Teresa "Tracy" Coleman
4710 NE 94th Street
Vancouver, WA 98665
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 18. General Provisions
1. The text herein shall constitute the entire agreement between the parties. No representation
or promise not expressly contained in this Agreement has been made. The parties are not
entering into this Agreement based on any inducement, promise or representation, expressed
or implied, which is not expressly contained in this Agreement. This Agreement supersedes all
prior or simultaneous representations, discussions, negotiations, and agreements, whether
written or oral, within the scope of this Agreement.
2. Should either party bring any legal action, each party in such action shall bear the cost of its
own attorney's fees and costs. The venue for any legal action shall be solely in the appropriate
state court in Jefferson County, Washington,subject to the venue provisions for actions against
counties in RCW 36.01.050.
3. Employee understands and agrees to follow Employer's policies applicable to all employees,
including but not limited to Employer's drug use policy and tobacco policy.
4. Any form of harassment, discrimination, or improper fraternization with any other employee is
strictly prohibited. Neither Employer nor Employee shall discriminate on the basis of any
lawfully protected class.
5. This Agreement shall be binding upon and inure to the benefit of the parties' successors in
interest, heirs and assigns.
6. Upon ratification, this Agreement shall become effective.
7. 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.
8. Jefferson County, as a political subdivision and local government of the State of Washington, is
g ,
subject to the Public Records Act, codified at Chapter 42.56 RCW, and as such, this Agreement
Teresa "Tracy" Coleman Employment Agreement Page 7 of 8
is a "Public Record" subject to that state law.
Section 19. Expiration
This Agreement shall renew automatically on February 1st of every year beginning February 1,
2025 through February 1, 2030, unless either the Employer or Employee terminate this Agreement in
a manner consistent with Section 14 of this Agreement. If termination of this Agreement is undertaken
by either party to this Agreement in a manner consistent with Section 14 of this Agreement and if the
terms of Section 14 and this Section are in conflict, then the terms of Section 14 shall control. The
Employee may renegotiate the terms of the contract upon the successful completion of five (5)years.
Section 20. Contingencies
Employment is contingent upon Employee having a valid Washington State Driver's License and passing
a background check.
(SIGNATURES FOLLOW ON THE NEXT PAGE)
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i
The Board of County Commissioners has caused this Agreement to be signed and executed
and the Employees has signed and executed this Agreement, effective on the date below.
EXECUTED this 0 "day of January, 2024.
COUNTY ADMINISTRATOR EMPLOY :TERESA"TRACY"COLEMAN
,0
v �f,j=: . 01-07-2024
Mark Mc ey `--' Date Tere a "Tr. y" Coleman Date
County Administrator
ATTEST: APPROVED ATO, FORM ONLY:
l'fjZ< UGC,_ January 8, 2024
Carolyn allaway, CMC, Clerf the Board Philip C. Hunsucker, Chief Civil Deputy
Prosecuting Attorney
i I
CONTRACT REVIEW FORM Clear Form
(INSTRUCTIONS ARE ON THE NEXT PAGE)
CONTRACT WITH: Teresa"Tracy"Coleman Contract No: TColeman 2024
Contract For: Employment - Central Services Director Term: Indefinite unless terminated
COUNTY DEPARTMENT: County Adminstrator
Contact Person: Mark McCauley
Contact Phone: 360-385-9130
Contact email: mmccauley@co.jefferson.wa.us
AMOUNT: $11,599.63/mo,for 6 months then$11.947.62/mo. PROCESS: ✓ Exempt from Bid Process
Revenue: N/A _ Cooperative Purchase
Expenditure: $11,599.63/mo,$11,947.62/mo. Competitive Sealed Bid
Matching Funds Required: N/A Small Works Roster
Sources(s)of Matching Funds N/A — Vendor List Bid
Fund# various RFP or RFQ
Munis Org/Obj various Other:
APPROVAL STEPS: W�STEP 1:DEPARTMENT CERTIFIES CO`► IA ` E .55.080 AND CHAPT R 42 R
CERTIFIED: ❑j N/A:
4._nature D e
STEP 2: DEPARTMENT CERTIFIES THE PERSON PROPOS FOR CONTRACTING WITH THE
COUNTY (CONTRACTOR) HAS NOT EEN DEBARRED BY ANY FEDERAL, STATE, OR LOCAL
AGENCY. /J
CERTIFIED: El N/A: ElCy ir 4.2
S ature ate
STEP 3: RISK MANAGEMENT REVIEW(will be added electronically through Laserfiche):
Electronically approved by Risk Management on 1/8/2024.
STEP 4: PROSECUTING ATTORNEY REVIEW(will be added electronically through Laserfiche):
Electronically approved as to form by PAO on 1/8/2024.
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