HomeMy WebLinkAboutCONSENT Stephanice HerschJEFFERSON COUNTY
BOARD OF COUNTY COMMISSIONERS
AGENDA REQUEST
TO: Board of County Commissioners
FROM: Mark McCauley, County Administrator
Sarah Melancon, Human Resources Director
DATE: ad�,,, l 15� 0-101;L6
SUBJECT: Memorandum of Agreement for Corrections Officer Hiring Incentive
between Jefferson County and Employee Stephanie Hersch
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: Stephanie Hersch.
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 two 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 Stephanie Hersch.
REVIEWED BY:
Mark McCauley, owity Administrator Date
CONTRACT REVIEW FORM
Clear Form
(INSTRUCTIONS ARE ON THE NEXT PAGE)
CONTRACT WITH: Stephanie Hersch Contract No: SH-FOP
Contract For: FOP/JCSOUSS Hiring Incentive Term: 06/01/2025-02/01/2027
COUNTY DEPARTMENT: Human Resources
Contact Person: Sarah Melancon
Contact Phone: 360-385-9140
Contact email: humanresources@co.jefferson.wa.us
AMOUNT: Amount of Contract
PROCESS:
Exempt from Bid Process
Revenue:
Cooperative Purchase
Expenditure: $to,000.00
Competitive Sealed Bid
Matching Funds Required:
Small Works Roster
Sources(s) of Matching Funds
List Bid
Fund #
FVendor
RFP or RFQ
Munis Org/Obj
Other:
APPROVAL STEPS:
STEP 1: DEPARTMENT CERTIFIES CO
PLIA TH ,l C .. .080 AND CHAPTER 42.23 RCW.
CERTIFIED: MA:
Signature
Date
STEP 2: DEPARTMENT CERTIFIES
THE PERSON P POSED FOR CONTRACTING WITH THE
COUNTY (CONTRACTOR) HAS NOT
BEEN ED BY Y
FEDERAL, STATE, OR LOCAL
AGENCY.
CERTIFIED: N/A:
j
(�
'
,nature
Date
STEP 3: RISK MANAGEMENT REVIEW (will be added rlertr�lfrtca![F through Laserfiche):
Electronically approved by Risk Management on 5/1/2025.
STEP 4: PROSECUTING ATTORNEY REVIEW (will be added electronically through Laserfiche):
Electronically approved as to form by PAO on 5/1/2025.
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
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 (this Agreement) is made and entered into by and between Jefferson County (the County) and
(the Employee) and Fraternal Order of Police
(FOP)/Jefferson County Sheriffs 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 Sheriff's 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 AND EMPLOYEE
FOR ENTRY LEVEL HIRING INCENTIVE — Page 1 of 6
L $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 Counly 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.
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.
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 AND EMPLOYEE
FOR ENTRY LEVEL HIRING INCENTIVE — Page 2 of 6
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 AND EMPLOYEE
FOR ENTRY LEVEL HIRING INCENTIVE — Page 3 of 6
14. S"s nature 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:
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.
/j 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 ENTRY LEVEL HIRING INCENTIVE — Page 4 of 6
For Employee
Employe Signature Date
SIB_��L Uts�—"
Employee Printed Name
On this day personally appeared before me oph-Qk(Q A . 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 theirfree and voluntary act for the uses and purposes mentioned
in the instrument.
Given under my hand and of this seal this + day of
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JEFFERSONCOUNTY: `I�'rFOorwp5�1��
Heidi Eisenhour Date
Chair, Board of County Commissioners
Approved as
for 05/02/2025
Philip C. Hunsucker Date
Chief Civil Deputy Prosecutor
tTA
20
Cina rthe AiCt1��`
State of Washington
AGREEMENT BETWEEN JEFFERSON COUNTY AND EMPLOYEE
FOR ENTRY LEVEL HIRING INCENTIVE - Page 5 of 6
EMPLOYEE:
2�
Hato a Date
1lnac7
Printed Name
D y�
��tl ff 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
("1CSOUSS").
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 cover vacancies 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.
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.
C. 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.
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
JEFFERSON COUNTY WASHINGTON
Board of County Commissioners
Jefferson oanty, Washington
Br-
Heidi Eisenhour, Chair Date
By: C kseJ 444&epJcc
"/? f /I L
Kate Dean, Co missioner Date
Ir>/ZI /LZ
rot rton, Comrnissloner Date
SEAL:
ATTEST, -
i � L"7r•LIGw /I/ll/LZ
Carolyn G ioway Date
Clerk of the Board
AAproved as to form only,
November 7, 2022
PhilipC. Hunsucker, Date
Chief Civil Deputy Prosecuting Attorney
Page 4 of 4
FRATERNAL ORDER OF POLICE
(FOP)/JEFFERSON COUNTY SHERIFF'S OFFICE
UNIFORMED SUPPORT SERVICES
By.
Ashley Moore. AsWc.ation President
Date I t-�
Doug Luse, or 5pecia€ist FOP
Date IT �!
JEFFERSON COUNTY
BOARD OF COUNTY COMMISSIONERS
AGENDA REQUEST
TO: Board of County Commissioners
FROM: Mark McCauley, County Administrator
Sarah Melancon, HR Director
DATE: November 21, 2022
SUBJECT: Memorandum of Agreement between Jefferson County and Fraternal Order
of Police (FOP)/Jefferson County Sheriffs Office Uniformed Support
Services (JCSOUSS) - Hiring and Retention Incentive
STATEMENT OF ISSUE:
Jefferson County Corrections Officers staff the County's Corrections Center ensuring the safety and security
of employees, incarcerated people and the public. The Sheriff's Department has faced continual shortages of
Corrections Officers.
ANALYSIS:
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 position has been extensively advertised over the
past three years in locations including print publications, on the County website and social media. The
inability to attract and retain qualified Corrections Officers has been exacerbated by the COVID-19
pandemic. Via Public Safety Testing, the County recruits from a pool of applicants throughout the Puget
Sound Region and, therefore, competes with other agencies to attract and retain qualified candidates and
staff. Agencies in neighboring Counties are now offering hiring and retention incentives to corrections
officers which further exacerbates Jefferson County's ability to hire and retain staff. Providing a hiring
incentive to new employees of $10,000 and new, lateral employees of $15,000, and a retention incentive of
$15,000 to current employees, will improve our ability to attract and retain new staff.
RECOMMENDATION:
Approve and sign the Memorandum of Agreement between Jefferson County and FOP/JCSOUSS.
REVIEWED BY:
i
Mark Mc ley, County Administr for
Date
CONTRACT REVIEW FORM Clear Form
(INSTRUCTIONS ARE ON THE NEXT PAGE)
CONTRACT WITH: Federd Order of Police (FOPyJefferson County Sherifrs Office support Service*JCSOUSS) Contract No: HR FOP SOCorr 1122
Contract For: Hiring and Retention Incentive for Corrections Deputies Term: n/a
COUNTY DEPARTMENT: Human Resources
Contact Person: Sarah Melancon
Contact Phone: X100
Contact email: ishannon&o.jeffersonma.us
AMOUNT: various amounts
Revenue:
Expenditure:
Matching Funds Required:
Sources(s) of Matching Funds
Fund #
Munis Org/Obj
APPROVAL STEPS:
PROCESS: Exempt from Bid Process
Cooperative Purchase
Competitive Sealed Bid
Small Works Roster
Vendor List Bid
RFP or RFQ
Other:
STEP 1: DEPARTMENT CERTIF7;ZN;W
C 3.55.084 AND CHAPTER ILL RCW.
CERTIFIED: F N/A:
e 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. r
CERTIFIED: ❑� N/A:
St"g6aitife Date
STEP 3: RISK MANAGEMENT REV[ will be added electronically through Laserfiche):
Electronically approved by Risk Management on 11/9/2022.
STEP 4: PROSECUTING ATTORNEY REVIEW (will be added electronically through Laserriche):
Electronically approved as to form by PAO on 11 /7/2022.
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