HomeMy WebLinkAboutAcea Such JEFFERSON COUNTY
BOARD OF COUNTY COMMISSIONERS
AGENDA REQUEST
TO: Board of County Commissioners
FROM: Mark McCauley, County Administrator
Sarah Melancon,Human Resources Director
DATE: November 25, 2024
SUBJECT: Memorandum of Agreement for Corrections Officer Hiring Incentive
between Jefferson County and Employee Acea Such
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 Sheriffs Office Uniformed Support Services (JCSOUSS)to provide a
retention incentive for current employees and a lateral and new hiring incentive for new employees.
The employee below has returned signed and notarized agreements to receive the new Entry Level hiring
incentive: Acea Such.
ANALYSIS:
Jefferson County Corrections Officers staff the County's Corrections Center ensuring the safety and security
of employees, incarcerated people and the public. The inability to attract and retain qualified Corrections
Officers is a national challenge. In Jefferson County, of a staff of 15 Corrections Officers assigned to the
corrections facility, there are four vacancies. Since January, 2022, current Corrections Officers have been
required to work overtime to cover vacancies. In 2024, Corrections Officers have worked approximately
2,600 hours of overtime. 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 new Entry Level
employee Acea Such.
REVIEWED BY:
c2 / ,2)Ap
Mark McCauley unty Administrator Date
CONTRACT REVIEW FORM clear Form
(INSTRUCTIONS ARE ON THE NEXT PAGE)
CONTRACT WITH: Acea Such Contract No: Acea Such-FOP
Contract For: FOP/JCSOUSS Hiring Incentive Term: 11/01/2024-11/01/2026
COUNTY DEPARTMENT: Human Resources
Contact Person: Sarah Melancon,Human Resources Director
Contact Phone: 360-385-9140
Contact email: humanresources@co.jefferson.wa.us
AMOUNT: $1o,000.00 PROCESS: Exempt from Bid Process
Revenue: Cooperative Purchase
Expenditure: $10,000 0o Competitive Sealed Bid
Matching Funds Required: Small Works Roster
Sources(s)of Matching Funds Vendor List Bid
Fund# RFP or RFQ
Munis Org/Obj I Other:
APPROVAL STEPS:
STEP 1: DEPARTMENT CERTIFIES CO LIANC WITH JCC 3.55.080 AND CHAPTER 42.23 RCW.
CERTIFIED: ❑j N/A: / /�f, 07-1
• na re ` ate
STEP 2: DEPARTMENT CERTIFIES THE PERSON PROPOSED FOR CONTRACTING WITH THE
COUNTY (CONTRACTOR) HAS NOT BEEN DEBARRED BY ANY FEDERAL, STATE, OR LOCAL
AGENCY. Vigezy
CERTIFIED: N/A: A
ignature Date
STEP 3: RISK MANAGEMENT REVIEW(will be added electronically through Laserfiche):
Electronically approved by Risk Management on 11/21/2024.
Standard Corrections Incentive MOA.
STEP 4: PROSECUTING ATTORNEY REVIEW(will be added electronically through Laserfiche):
Electronically approved as to form by PAO on 11/21/2024.
Incentive agreement consistent with MOU.
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
1
AGREEMENT BETWEEN JEFFERSON COUNTY, EMPLOYEE AND UNION
FOR NEW EMPLOYEE ENTRY LEVEL HIRING INCENTIVE
This Agreement Between Jefferson County, Employee and Union for New Employee Entry Level Hiring
Incentive (tills Agreement) is ade and entered into by and between Jefferson County (the County) and
Q-C.. cite—) (the Employee) and Fraternal Order of Police
(FOP)/Jefferson County Sheriff's Office Uniformed Support Services (JCSOUSS) (the Union).
WHEREAS, the Employee is an employee of the County who works at the Jefferson County
Sheriff's Department(the Department); and,
WHEREAS,the Union is the exclusive bargaining representative for the Employee; and,
WHEREAS, the Union has agreed to a Memorandum of Agreement by and between the
Department and Fraternal Order of Police(FOP)/Jefferson County Sheriffs Office Uniformed Support
Services (JCSOUSS) (the CBA,APPENDIX A), which is incorporated here by reference; 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 an entry level incentive of
$10,000 to new hire, entry level uniformed Corrections Officers to maintain appropriate staff levels; and
WHEREAS, under the terms of Agreement the entry level 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, entry level 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, the Employee and the Union hereby agree:
1. Entry Level Hiring Incentive
a. The Department will pay an Entry Level Incentive of$10,000 to the Employee.
b. The Entry Level Incentive will be paid in installments as follows:
AGREEMENT BETWEEN JEFFERSON COUNTY, EMPLOYEE,AND UNION
FOR ENTRY LEVEL HIRING INCENTIVE—Page 1 of 5
i. $5,000 at hire upon signing Agreement;
ii. $2,500 upon successful completion of probation; and
iii. $2,500 upon completion of second year.
2. Required Reimbursement of Entry Level Incentive if Employee Separates from County Service
Prior to Completion of Three Years of Service:
Employee will be required to pay back the Entry 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.
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 Entry Level 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.
AGREEMENT BETWEEN JEFFERSON COUNTY, EMPLOYEE,AND UNION
FOR ENTRY 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 ENTRY 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$ /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, EMPLOYEE,AND UNION
FOR ENTRY LEVEL HIRING INCENTIVE—Page 4 of 5
For Employee
Employee Signature Date
Employee Printed Name
On this day personally appeared before me jC..e C. ., SAC.(r1 , 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 NOV
REBECCA M TURNER ( NO"ARY PUBLIC in and for the
Notary PublicState of Washington C.P LV03)6
State of Washington
Commission# 21012964
My Comm. Expires Apr 3,2025
JEFFERSON COUNTY: EMPLOYEE:
freA'‘t.-(1-N 11/490
Kate Dean Date Signature Date
Chair, Board of County Commissioners
Printed Name
gOV.A.Arx.\ 7tAbk V‘.)04=r-'1I1
Approv d a t rm: ran V i1�
for 11/21/2024 1 F� C t Cam,hes 7 .A.r t--C'
Philip C. Hunsucker Date 1 �{ /O�/. O '
Chief Civil Deputy Prosecutor �iSr _ i NOVVY,�(y _ —„ '
G.G� 'V �i'f /
PTC -C%-.SL,c tom-, • pj PPi i 'f.'
AGREEMENT BETWEEN JEFFERSON COUNTY, EMPLOYEE,AND UNION
FOR ENTRY LEVEL HIRING INCENTIVE-Page 5 of 5